Dividing property during a divorce is stressful enough, but if you’ve received an inheritance, you’re probably wondering whether your ex can take part of that too. The short answer? Not necessarily—but it depends on how that inheritance has been handled.
At Shark Lawyers for Men, we work with men across Illinois to protect what’s rightfully theirs, especially in high-stakes divorces involving family money or generational wealth.
Here’s what you need to know about keeping your Inheritance in an Illinois Divorce.
How Property Division Works in Illinois
Illinois is an equitable distribution state, which means marital property is divided fairly—but not always equally—between spouses. But not all assets are considered marital.
When it comes to property division, everything falls into one of two categories:
- Marital property: Things acquired during the marriage, regardless of whose name is on the title.
- Non-marital property: Things you owned before the marriage or received individually through a gift or inheritance.
So, where does your inheritance fit? That depends on what you did with it after you received it.
When an Inheritance Is Protected in Illinois
In most cases, inheritances are considered non-marital property, which means they belong solely to the person who received them. This is true even if you received the inheritance while you were married, as long as you kept it separate.
You’re more likely to keep your inheritance if:
- It was deposited in an account only in your name
- You didn’t use it to pay for shared expenses
- You didn’t combine it with marital assets
- You can clearly prove the source of the funds
We help men in Illinois trace the origin of inherited funds and keep those assets off the negotiation table.
When an Inheritance Can Be Divided
Things get more complicated if your inheritance was “commingled” with marital property. That’s a legal way of saying the line between what’s yours and what’s shared has been blurred.
You may risk losing part (or all) of your inheritance if:
- You deposited inherited funds into a joint account
- You used the money to renovate a marital home
- You allowed your spouse to access and spend the funds
- The inheritance increased in value due to joint efforts
When that happens, courts may determine that the inheritance became marital property and is subject to division.
How to Protect Inherited Assets in Divorce
If you’re still married and hoping to protect a future or recent inheritance, take action now:
- Keep inherited funds in a separate account
- Avoid using inheritance money to cover joint expenses
- Document everything—from the will or trust to bank statements
- Consider a postnuptial agreement to clarify ownership
If you’re already in the middle of a divorce, it’s not too late to fight for what’s yours. We work with financial professionals when needed to trace and separate inherited assets from the rest of the marital estate.
Inherited Property and Real Estate
If you inherited a home, land, or other real estate, things can get even more complicated, especially if you and your spouse lived there or made improvements during the marriage.
You may be entitled to keep the property, but your spouse could still argue for a share of the increase in value if it was a result of joint efforts.
This is where a smart legal strategy comes into play. At Shark Lawyers for Men, we look at every detail, so you don’t walk away with less than you should.
Contact Shark Lawyers for Men Today
Inheritances are often tied to your family’s legacy, and they shouldn’t be up for grabs in a divorce. If you’re concerned about losing assets that were never meant to be shared, we can help you protect them.
At Shark Lawyers for Men, we represent men across Illinois in high-asset divorces, helping them defend what’s theirs and walk away with what they’ve earned. Contact us today to schedule a consultation.
