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St. Charles IL divorce attorneyIf you have received property through an inheritance from a family member or close friend, it is likely something that you hold very dear. You may see it as a representation of that person’s legacy, and in many cases, it also has substantial monetary value. The thought of losing your inheritance or having to divide it in a divorce can be concerning. Fortunately, Illinois law often allows you to protect inherited property during the divorce process, but there are some possible exceptions that you should be aware of.

Inherited Assets Are Usually Non-Marital Property

According to Illinois law, most property that either spouse acquires during their marriage is considered to belong to the marital estate, and this means that both spouses have the right to a fair share of it in the event of a divorce. However, the law lists several forms of property that are considered non-marital assets. One example is “property acquired by gift, legacy, or descent,” which includes assets acquired through a will, trust, or intestate succession. Provided that you alone are the named or qualifying beneficiary, you will likely be able to keep all inherited property in the divorce. If your spouse is willing, creating a postnuptial agreement after receiving an inheritance can provide additional protection for your assets.

When Can an Inheritance Become Marital Property?

However, under some circumstances, property received through inheritance is subject to division in a divorce. This may be the case if:

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