Dividing property can be one of the most challenging aspects of a divorce. This is especially true when determining whether an inheritance should be considered marital property that must be divided. For many, this is a critical issue, as inheritances often hold both financial and sentimental value.
Understanding how inheritances are treated in Illinois divorce cases and how to protect them can make a substantial difference in the outcome of your property division. An experienced Illinois family law attorney can guide you through this process and help ensure that your rights and assets are protected.
What Does Illinois Law Say About Inheritances and Marital Property?
The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs how property is classified and divided during a divorce. According to the IMDMA, inheritances received by one spouse are considered non-marital property, meaning they typically belong only to the recipient. This notion applies regardless of whether the inheritance is received before or during the marriage.