Dividing property in an Illinois divorce can feel confusing, especially when identifying what counts as non-marital property. Understanding this distinction helps you know which assets you can keep separate from the division process and which ones you might have to share. This clarity makes a big difference as you prepare for property division.
What is non-marital property?
Non-marital property includes assets and debts that do not get divided during a divorce. One spouse owns these assets individually, and they usually remain with that spouse after the divorce ends. Unlike marital property, non-marital property does not belong to the shared marital estate. This distinction separates what you owned before marriage or received personally from what you and your spouse acquired together.
Types of non-marital property
In Illinois, non-marital property typically includes anything you owned before marriage. It also includes assets you acquired during marriage through a gift or inheritance. A valid prenuptial or postnuptial agreement excludes property and counts it as non-marital. Additionally, a court order can assign assets or debts to one spouse outside of the marital estate. These rules help ensure you keep personal property separate from marital property.
How non-marital property is treated
Even if non-marital property increases in value during marriage, its classification stays the same if you keep it separate and clearly identify it. However, if you mix non-marital property with marital property or joint funds—a process called commingling—you turn it into marital property. For example, depositing inherited money into a joint bank account can cause that money to lose its non-marital status.
What you should watch for
You should keep detailed records and keep non-marital assets separate from marital assets to protect your interests. If you receive an inheritance, keep it in a separate account or title it in your name only to preserve its non-marital status. Taking these steps reduces the risk of disputes later.
Knowing what counts as non-marital property helps you see what you can keep after divorce. This knowledge gives you more control during property division and helps you avoid sharing assets you want to keep separate.