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.