In a divorce, the property division can quickly become one of the most difficult issues to resolve, especially when one spouse claims that certain money or assets should not be shared. Under Illinois law, not all property is automatically considered marital. Some assets are treated as separate or non-marital property, and they generally remain with the original owner. But proving this can be more complicated than many people expect.
If you believe that some of your money should not be divided during your divorce, it is important to understand how separate property is defined, how it can become commingled, and what kind of documentation can help you protect it. At Davi Law Group, our Wheaton, IL divorce attorney can help you do exactly that.
What Counts as Separate Property in Illinois?
Under the Illinois Marriage and Dissolution of Marriage Act, separate property is generally anything acquired before the marriage or received individually during the marriage by gift or inheritance. This includes money, investments, real estate, gifts, and personal injury settlements, just to name a few. These assets are not subject to equitable distribution unless they become commingled with marital funds.