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How Much of My Property Is Considered Non-Marital in Illinois?

Posted on in Asset Division

Kane County divorce attorney property division

Illinois requires an equitable distribution of property during the divorce process, but this does not necessarily mean that every last asset owned by either spouse must be divided. Rather, properties that are considered non-marital are excluded from the process of property division, and one of the best ways to protect your assets and financial interests in your divorce is to ensure that you have a strong understanding as to which of your personal assets are considered non-marital. However, this is often complicated, and it is important to work with an experienced attorney who can provide qualified advice and assistance.

How to Identify Non-Marital Property in Illinois

As you prepare your financial records for your divorce conference or trial, you should pay special attention to the following forms of non-marital property as defined by Illinois law:

  • The property you acquired before getting married. Maintaining personal bank statements, titles, deeds, and other evidence of property ownership can help you demonstrate the value of the assets you owned prior to the marriage.

  • The property you acquired after becoming legally separated. If you and your spouse obtain a judgment of legal separation before starting the divorce process, it is a good idea to keep detailed records of any assets you earn or purchase after the separation begins.

  • The property you have excluded from the marital estate through a valid prenuptial or postnuptial agreement. If you and your spouse have previously agreed in writing that certain properties will be considered non-marital, the court will usually honor this agreement. Keep in mind, however, that the court may not fully abide by the agreement if it determines that doing so would cause undue hardship to either party.

  • The property you acquired as the result of a gift or inheritance in your name. If you wish for these assets to remain non-marital, it is a good idea to maintain them in an account separate from any accounts that you share with your spouse.

  • The property you acquired in exchange for any other non-marital property. Again, it is important to maintain a paper trail to demonstrate that this is the case.

One issue that can complicate the determination of non-marital property is called commingling, which happens when one spouse’s non-marital property is combined with the other’s, or the property of the marital estate. When this has happened, it is important to work with an experienced financial professional in addition to an attorney to determine whether any of the commingled property can still be considered non-marital.

Contact a Kane County Divorce Attorney

At the Law Offices of Benedict Schwarz, II PC, we have a thorough understanding of the intricacies of Illinois laws regarding the division of marital property, and we will provide strong legal advice and representation to help you protect your non-marital assets. For an initial consultation, call our distinguished St. Charles property division lawyer today at 847-428-7725.





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