Can Non-Marital Property Become Marital Property in Illinois?

 Posted on May 26, 2025 in Asset Division

Getting through the property division component of an Illinois divorce sometimes requires stamina, especially if you are a high-net-worth individual. Non-marital property, often called separate property, that you think belongs solely to you can become marital property without you being aware of it, and you may find yourself dividing assets that you thought you would keep. To ensure you have a fighting chance at negotiating a fair settlement, contact an experienced St. Charles, IL divorce attorney as soon as possible.

What Does It Mean for Separate Property To Become Commingled in Illinois?

Illinois law calls for the equitable distribution of marital property and debts in the event of a divorce. The first step in that process is categorizing all your property as marital or non-marital. Non-marital property is not divided. However, the lines can blur when assets acquired before marriage become commingled, making all or part of them subject to fair division as if they were marital property.

For example, if you inherited a substantial amount of money from a family member when they died, Illinois law states that your inheritance is separate property because it was left specifically to you. However, if you deposited all or part of that inheritance in a joint account that you share with your spouse and use for shared expenses, the funds from your inheritance could be categorized as marital property.

How Do Contributions from Your Spouse Impact Separate Property in an Illinois Divorce?

If your spouse made financial contributions to assets you would characterize as non-marital property, that property could become commingled and subject to division. For example, if you owned your home before the marriage, it would – in theory – be considered separate property. However, if your spouse significantly contributed to mortgage payments or helped with renovations, the court may categorize it as marital property. 

How Can You Ensure That Separate Property Does Not Become Commingled?

The Illinois Marriage and Dissolution of Marriage Act, under statute 750 ILCS 5/, emphasizes the significance of maintaining documentation to prove that assets are separate property. Some practical ways to do that include:

• Keeping funds in separate accounts to avoid commingling them during the marriage

• Maintaining records of gifts and inheritance provided to you alone

• Carefully documenting contributions to marital property

• Outlining how you would like to distribute property in a prenuptial or postnuptial agreement

• Seeking legal advice to explain the implications of financial decisions before you make them

Commingled assets complicate divorce proceedings. When spouses cannot agree on the distribution of assets and characterization of property, it can turn into a long and expensive battle. Working with an attorney as soon as possible could help mitigate some of the contention and make the process move more smoothly.

Contact a St. Charles, IL Asset Division Attorney Today

If you have questions about what will happen to your assets during divorce proceedings, a Kane County, IL divorce lawyer at Weiler & Associates, Inc. can help. Property division is often an emotional and stressful process, but with a knowledgeable attorney fighting to protect your rights while ensuring you understand the equitable distribution laws of Illinois, you can approach divorce well-informed and prepared. Call 630-331-9110 to arrange a consultation right away.