What Is Commingling, and How Can it Affect Your Divorce?

 Posted on December 11, 2025 in Asset Division

In your marriage, you might have a clear notion of which assets belong to you and which do not. However, the lines between your own property and the property of the marriage may be blurrier than you think. When separate property is commingled, it becomes indistinguishable from marital property, and it may end up being partly or wholly divided in your divorce. 

At Weiler & Associates, Inc., our Kane County, IL property division attorneys can advise you on how to protect your assets and help you negotiate for a fair share of the marital estate. Since our firm first opened in 1982, we have handled many divorces involving difficult property disputes on behalf of our clients.

Distinguishing Between Marital and Non-Marital Property

Every state has its own interpretation of what constitutes marital and separate property. Understanding this distinction can allow you to navigate the property division process with clarity and confidence. In Illinois, all property acquired during your marriage is presumed to belong to the marriage (750 ILCS 5/503). Separate property generally consists of assets obtained before the marriage or assets received through gifts or inheritance.

There are more niche exceptions to Illinois’s marital property rules. If you are unsure about an asset’s identity, an attorney can help clarify who owns it.

How Do Personal Assets Become Marital Assets?

Formerly personal property can become mixed with marital property in a way that makes it marital property. This is called "commingling." Commingled assets are a major problem during asset division because it can be very difficult to prove that an asset belongs to you when your spouse also claims it. 

The process of figuring out how much of a commingled asset belongs to just one spouse is known as "asset tracing." This can be a very long and difficult process, and for certain assets, it may not be possible. 

In situations like this, it is often best for couples to try to negotiate a property settlement outside of court. Judges will objectively apply the law and neither spouse may be satisfied with the result. 

How Can I Avoid Commingling Assets?

If you are not actively watching out, it can be very easy to mix up separate property with marital property. Keeping clear documentation of property ownership (such as receipts or statements) can help clarify who owns a property, but you must still take pains to avoid mixing it with your shared assets. Depositing an inheritance in a separate bank account, for instance, can create a layer of separation between your assets and your spouse’s. Even then, there are potential ways for private funds to become commingled. 

Signing a marital agreement (also known as a prenuptial agreement or postnuptial agreement) is a more reliable method of avoiding commingling assets. These contracts let you directly assign ownership of certain property to one spouse in a divorce. However, they must be written correctly or they may not be enforceable. 

Contact a St. Charles, IL Divorce Lawyer

Protecting your separate property can serve as a major source of anxiety in divorce. At Weiler & Associates, Inc., our Kane County, IL property division attorneys are here to help safeguard your assets through careful negotiation and steadfast advocacy. To schedule an initial consultation, call our offices at 630-331-9110 today.