At Keller Legal Services, we work with high-net-worth individuals across Naperville and the greater Chicago area who are navigating the challenges of divorce. One of the most common concerns we address is whether an inheritance can be protected from division. In high-asset divorces, this issue becomes even more important due to the complexity and value of the property involved. Illinois law offers specific protections for inherited property, but those protections can be lost depending on how the inheritance has been treated during the marriage. We help our clients understand their rights and take steps to protect what is rightfully theirs.
Illinois follows an equitable distribution model under 750 ILCS 5/503. This means that the court will divide marital property fairly—not necessarily equally—based on a number of factors. Marital property generally includes assets and debts acquired during the marriage. However, property acquired by gift or inheritance is considered non-marital property, as long as it has been kept separate and not commingled with marital assets.
An inheritance can be excluded from division if the receiving spouse can prove it was intended for them alone and it has not been blended into the marital estate. For example, depositing inherited funds into a joint account or using them for shared expenses may change the nature of the inheritance from non-marital to marital property. This is a critical area where we guide our clients through detailed financial tracing and documentation.
In high-net-worth divorces in Illinois, the stakes are higher and the financial structures are often more complex. To protect an inheritance, it is essential to provide clear, convincing evidence that the asset remained separate throughout the marriage. We work with forensic accountants and financial advisors to trace funds, examine account histories, and build a timeline that supports our client’s claim to their inheritance.
We also help clients identify any documents, such as wills, trust agreements, or letters from the decedent, that show the inheritance was meant for them personally. The court considers both the source and use of the funds, so having a clear financial paper trail is essential to keeping your inheritance separate.
The biggest risk to protecting an inheritance in Illinois is commingling. Once inherited funds are deposited into a joint account, used to pay down a mortgage on the marital home, or contribute to a shared investment account, the court may decide that the asset has been transmuted into marital property.
This does not happen automatically, and we often argue successfully that a portion of the inheritance should still be protected, especially if it can be traced. The court has discretion under 750 ILCS 5/503(d) to consider contributions and intentions when determining whether property is marital or non-marital. This is why individualized legal guidance is crucial.
One of the most effective ways to safeguard an inheritance in a high-net-worth divorce is with a prenuptial or postnuptial agreement. These agreements allow couples to define how property, including inheritances, will be treated in the event of divorce. Illinois courts enforce these agreements as long as they are entered into voluntarily and fairly under 750 ILCS 10/7.
We help clients draft and enforce these agreements, often in coordination with estate planning efforts to preserve family wealth. A well-written agreement provides clarity and avoids conflict, especially when significant inheritances or family business interests are involved.
In most cases, yes. Illinois law generally treats inherited assets as non-marital property under 750 ILCS 5/503(a)(1). However, to keep it separate, the inheritance must not be mixed with marital assets or used for marital purposes.
Using inherited funds to improve the marital home can result in those funds being considered marital property. This is especially true if the home is jointly titled. We may be able to argue that the inheritance should be reimbursed, but it depends on how the funds were documented and used.
Yes. A prenuptial or postnuptial agreement can clearly define that any inheritance received by either party remains separate property. Illinois courts will enforce these agreements if they are properly drafted and both parties entered into them voluntarily.
Depositing inherited funds into a joint account can be viewed as commingling, which may change the asset’s character from non-marital to marital. If this occurs, your spouse may be entitled to a portion unless we can trace the original inheritance and demonstrate your intent to keep it separate.
Yes. In high-net-worth divorces, it is critical to work with an attorney who understands Illinois divorce law and has experience handling complex asset division. We help clients protect their rights and build a strong case to retain inherited property.
If the business was funded with inherited money but operated as a marital asset—with both spouses involved or sharing in profits—then the value of the business may be considered marital property. However, if we can trace the source of the funds and show limited involvement from your spouse, you may still be entitled to retain a larger share.
We gather account statements, letters from the decedent, trust documents, and any other financial records to show that the inheritance was meant solely for you and kept separate. Financial tracing is key to proving your case.
At Keller Legal Services, we help clients protect what matters most. If you have received an inheritance and are concerned about how it will be handled during divorce, we will review your financial history and help you present a clear, compelling case. Our attorneys represent clients throughout Naperville and Chicago with integrity and discretion.
For a free consultation with our Naperville divorce attorneys about protecting your inheritance in a high-net-worth divorce, call Keller Legal Services at 630-505-1515. We serve clients across Naperville and throughout the Chicago area. Let us help you protect your future.
