An inheritance can carry real emotional weight, especially when it comes from someone who mattered to you. If you later face a divorce, that history makes it even more important to understand whether that money or property has to be divided with your spouse.
In Illinois, what you do with inherited property after receiving it can affect how it’s treated during a divorce. If you have inherited money or other valuable property, an Orland Park, IL property division attorney can help determine whether it should remain separate from your marital estate in 2026.
Is an Inheritance Considered Marital Property in Illinois?
Illinois generally treats an inheritance left to one spouse as nonmarital property. Under 750 ILCS 5/503, property received by gift, legacy, or descent is excluded from marital property. This means it belongs to that spouse rather than to the marital estate.