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Can I Get Any Of My Spouse’s Inheritance From My Divorce?

In Illinois, divorce laws and the treatment of spouses’ inheritance are primarily governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This comprehensive legislation outlines the legal framework for divorce, including the division of marital property and assets, spousal maintenance (alimony), child custody, and other related matters.

Specifically, regarding inheritance and its treatment in divorce proceedings, Section 503 of the IMDMA addresses the classification and division of property. This section establishes the distinction between marital property, which is subject to division in a divorce, and non-marital property, which includes inheritances and is generally not subject to division.

Section 503(a) of the IMDMA defines marital property as all property acquired by either spouse during the marriage, except for certain categories of property explicitly excluded by law. Conversely, Section 503(b) delineates non-marital property, which includes assets acquired by either spouse before the marriage and gifts and inheritances received by one spouse during the marriage.

Furthermore, Section 503(d) of the IMDMA provides guidance on the treatment of non-marital property in divorce proceedings. It states that non-marital property remains the sole property of the spouse who acquired it, with limited exceptions. These exceptions typically involve situations where non-marital assets have been commingled with marital assets or used for the benefit of the marriage or family.

Inheritance Assets Are Generally Deemed As Separate Property in Illinois

Divorce proceedings often raise questions about the division of assets, particularly when it comes to inheritance. In Illinois, like in many other states, the division of marital property follows specific guidelines. However, when it comes to inheritance, the situation can become more nuanced.

In Illinois, inheritance is generally considered separate property, meaning it belongs solely to the recipient spouse and is not subject to division in a divorce. This principle remains applicable regardless of when the inheritance was received—whether it was before, during, or after the marriage. As such, if you inherit assets while married, those assets typically remain yours alone, not subject to division with your spouse in the event of a divorce.

However, there are exceptions to this rule. One such exception occurs when inherited assets are commingled with marital assets. Commingling can happen if, for example, inherited funds are deposited into a joint bank account shared by both spouses or if inherited real estate is placed in both spouses’ names. In such cases, the inherited assets may lose their status as separate property and could potentially be subject to division in a divorce.

Additionally, if the inherited assets are used for the benefit of the marriage or family—such as contributing to household expenses, purchasing marital property, or funding joint investments—they may lose their separate property status. Courts may then consider these assets as part of the marital estate subject to division.

It’s essential to note that each divorce case is unique, and outcomes can vary based on individual circumstances and the discretion of the court. Factors such as the length of the marriage, the financial contributions of each spouse, and the needs of any children involved may all influence the court’s decision regarding the division of assets, including inherited property.

Examples of Inheritance Assets

Inheritance assets represent property or funds passed down to an individual from a deceased relative or benefactor. These assets can play a significant role in various aspects of one’s life, including estate planning, financial stability, and even divorce proceedings. Understanding the nature of inheritance assets and their treatment in divorce is essential for individuals navigating the dissolution of marriage. The following are examples of inheritance assets and how they are typically treated in divorce cases.

Real Estate

One typical example of inheritance assets is real estate properties, including houses, land, or vacation homes. Inherited real estate can hold sentimental value and often represents a substantial financial asset. In divorce proceedings, inherited real estate may be considered separate property if it was inherited by one spouse before or during the marriage and was kept separate from marital assets. However, if inherited real estate is commingled with marital assets or used for the benefit of the marriage, it may become subject to division during divorce.

Financial Investments

Inheritance assets can also take the form of financial investments such as stocks, bonds, mutual funds, or retirement accounts. These assets may have been inherited directly or through a trust established by the deceased. Like real estate, inherited financial investments are typically treated as separate property in divorce if kept separate from marital assets. However, if inherited funds are deposited into a joint bank account or used to purchase marital assets, they may lose their separate property status and become subject to division.

Personal Property

Personal property inherited from a deceased relative, such as jewelry, artwork, antiques, or family heirlooms, is another example of inheritance assets. While personal property may not always have significant monetary value, it can hold sentimental value for individuals and families. In divorce cases, inherited personal property is generally considered separate property if it was kept separate from marital assets and not used for the benefit of the marriage. However, if inherited personal property is sold, proceeds may become subject to division as marital assets.

Business Interests

In some cases, individuals may inherit business interests or ownership stakes in family businesses or partnerships. These inheritance assets can be complex and may involve business valuation, income generation, and potential future growth. In divorce proceedings, inherited business interests may be treated as separate property if they were kept separate from marital assets and not used for the benefit of the marriage. However, if inherited business interests are actively involved in the marriage or marital finances, they may be subject to division.

Inheritance assets encompass a wide range of assets passed down to individuals from deceased relatives. Examples include real estate, financial investments, personal property, and business interests. Understanding the treatment of inheritance assets in divorce is crucial for individuals navigating the dissolution of marriage. While inheritance assets are generally considered separate property if kept separate from marital assets, they may become subject to division if commingled with marital assets or used for the benefit of the marriage. Seeking guidance from one of our legal professionals can help individuals protect their inheritance assets and navigate divorce proceedings with clarity and confidence.

How to Protect Inherited Assets From Divorce

To protect your inherited assets in the event of a divorce, it’s wise to keep them separate from marital property. This may involve maintaining separate bank accounts, keeping inherited real estate solely in your name, and refraining from using inherited funds for joint expenses without careful consideration.

Furthermore, documenting the separate nature of inherited assets can be crucial. This may include keeping records of inheritance documents, maintaining clear financial records, and consulting with legal professionals to ensure that inherited assets are properly protected.

While inherited assets are generally considered separate property in Illinois divorce cases, there are circumstances in which they may be subject to division. Understanding the nuances of how inheritance is treated in divorce proceedings and taking steps to protect inherited assets can help individuals navigate the complexities of divorce with greater confidence and clarity.

Call Our Napier Divorce Attorney To Protect Your Financial Interests

For personalized guidance tailored to your unique situation and to navigate the complexities of divorce with confidence and clarity, contact Keller Legal Services today. Our experienced divorce attorneys in Naperville, Illinois, serve DuPage, Kane, and Will Counties, offering expert assistance throughout the process. To schedule your initial consultation and take the first step toward securing your future, contact our Naperville divorce attorneys at Keller Legal Services by calling 630-505-1515.