Will I Lose My Inheritance During an Illinois Divorce?

 Posted on July 28, 2025 in Divorce

Going through a divorce in Illinois raises serious concerns about how property will be divided. If you received an inheritance before or during your marriage, you might be wondering whether your spouse is entitled to it. There is not always a simple answer. The way you handle inherited money or assets during the marriage can change how the court views it, but a DuPage County, IL divorce lawyer can help you protect what is rightfully yours.

Is Inheritance Considered Separate Property in Illinois?

Under Illinois law, property received by inheritance is usually treated as non-marital property, even if it was acquired during the marriage. The Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/503(a)(1), says that inheritance is not part of the marital estate unless it has been mixed with marital property.

This means that if you inherited money or property in your name only and kept it separate, it is likely to remain yours alone in a divorce. The court does not automatically include inherited assets when dividing property unless certain exceptions apply.

Examples of When Inheritance Can Become Marital Property

Even though inheritance starts as non-marital, certain actions that are considered comingling can cause it to lose that protection. According to Section 503(c)(1) of the Marriage and Dissolution of Marriage Act, when separate property is mixed with marital property to the point that it cannot be traced, it may be considered part of the marital estate. Examples of how this comingling might happen include:

• Depositing inherited money into a joint account used by both spouses for regular expenses

• Using inherited money for joint purchases, such as buying a home titled in both spouses’ names

• Paying off marital debts with inherited funds

• Renovating a marital property using inherited money and without keeping records

How To Protect Your Inheritance in Illinois

To safeguard your inheritance during divorce, you should keep it completely separate from your marital assets. One of the most effective ways to do this is by placing the funds or property in an account that is solely in your name. Avoid depositing inherited money into joint accounts or using it to pay for shared expenses, as doing so could lead the court to view the inheritance as marital property.

You can also resist adding your spouse’s name to the title of any inherited property. Doing so can make it appear that you intended to gift the asset to the marriage, which may result in it being divided during divorce proceedings. To add an extra layer of protection, consider drafting a prenuptial or postnuptial agreement that clearly states that your inheritance is to remain separate property in the event of divorce.

Keeping detailed records is another key step. Ensure you trace the source of the funds and show how they were used. If you used any part of your inheritance toward joint expenses or to improve marital property, documentation can help you argue for reimbursement under Illinois law.

Contact an Experienced DuPage County, IL Divorce Attorney Today

At Calabrese Associates, P.C., we understand that divorce and other family law disputes can be deeply personal and emotionally challenging. That is why we take a balanced approach to resolving these matters. We will listen to your concerns and provide respectful service combined with aggressive protection. 

Our firm is led by Attorney Michael J. Calabrese, a dedicated Naperville, IL divorce lawyer who has focused exclusively on family law since 1994. He is a former chair of the DuPage County Bar Association Family Law Committee and frequently lectures on family law issues. You can count on him and our staff to stay in close communication with you throughout your case. Contact us at 630-393-3111 today to schedule a confidential consultation with a team that cares.