Does My Ex Get a Cut of My Inheritance During the Divorce in Illinois?

 Posted on August 25, 2025 in Asset Division

Asset division is commonly a contentious process, and having a significant inheritance among your property can bring up questions. In Illinois, an inheritance usually stays with the person who received it. Still, that protection can be lost if you mix the asset with shared funds or change the title. Read on to learn more about how courts treat inheritances and what you can do to keep yours separate. Then, speak to an experienced DuPage County, IL divorce attorney about your case.

Is Inheritance Considered Marital or Non-Marital Property in Illinois?

Under 750 ILCS 5/503(a)(1), any property that a spouse receives by gift, legacy, or descent is non-marital. A judge generally cannot award that asset to the other spouse in the division of property. Your inheritance also keeps its status when it grows in value on its own. If growth comes from either spouse’s significant efforts, such as running a business tied to the inherited asset, the court may examine whether the marital estate has a claim tied to those efforts.

How Does Inheritance Become Marital Property Under Illinois Law?

Your choices can change the categorization of inheritance from marital to non-marital property. For example, if you deposit inherited money into a joint account and use that account for family expenses, the separate funds can lose their identity as non-marital. When tracing is no longer possible, a court may decide that the asset has become marital property.

Do We Have To Split Inherited Real Estate in Illinois?

In most cases, you do not have to split an inherited home. If the deed stays in your name only and you pay taxes, insurance, and repairs from your own account, the house is usually treated as non-marital.

Trouble starts when the deed is changed to both spouses’ names, which looks like a gift to the marriage. Paying for the mortgage or big renovations from a joint account can also create complications. If your records are thin, a judge might decide the home became marital through commingling. Courts look closely at where the down payment came from, who reduced the mortgage, who paid for improvements, and how clearly each dollar can be traced.

How Can I Protect My Inheritance During Divorce in Illinois?

A few direct ways to protect your inheritance include:

• Keep your inheritance in an account under your name only, and do not use it to pay joint bills.

• Save statements, closing papers, and receipts so you can trace the money.

• Do not add your spouse to deeds or accounts unless you truly intend to share.

• Get a valid prenuptial agreement with fair disclosure to keep inheritances and their growth non-marital.

• Add a trust to your estate plan that keeps assets in your name.

• Talk to a lawyer before changing titles or moving funds between accounts.

Contact a Wheaton, IL Divorce Attorney Today

The experienced DuPage County, IL divorce lawyers at Andrew Cores Family Law Group can explain your legal options and help you build a plan to keep separate property separate while pursuing a fair settlement. Our team brings deep experience to complex property cases. 

We regularly handle matters for high-net-worth clients and cases involving estates and closely held businesses. Our lawyers know how to trace and protect separate assets and value and divide complex holdings such as business interests, real estate, retirement plans, and stock compensation. Contact us today at 630-871-1002 to schedule a free consultation.