Important Things to Know Regarding Non-Marital Property in an Illinois Divorce

 Posted on February 24, 2023 in Divorce

In Illinois, non-marital property refers to assets owned by one spouse individually. These assets are not subject to division during divorce proceedings. While marital property is divided equitably between both parties, the non-marital property remains with the spouse who owns it. However, it is essential to note that determining what constitutes non-marital property can be a complex process. 

Today, we are going to discuss what is most important to know regarding non-marital property in Illinois. If you are getting a divorce, contact an experienced divorce attorney who will work to ensure you understand your rights and that a positive outcome can be pursued.

Understanding Non-Marital Property 

Non-marital property refers to assets acquired before the marriage, gifts or inheritances given specifically to one spouse, or any property acquired after a legal separation. In Illinois, any property obtained before the marriage is considered non-marital property. For example, a vehicle that a spouse owned before getting married is his or her sole property. The same is true for other assets like real estate or business assets. Furthermore, debts acquired before a marriage are typically classified as non-marital debt. 

Notably, a prenuptial agreement can also classify specific property as non-marital. A prenuptial agreement is a legal document that outlines how a couple’s assets will be divided in the event of a divorce. If the prenuptial agreement specifically identifies certain assets as non-marital, they will remain the property of the individual spouse, regardless of when they were acquired. 

Blending marital property and non-marital property can be challenging to sort out during divorce proceedings. Non-marital property can be transmuted to marital property and vice versa. When marital and non-marital assets are combined, such as when a spouse uses non-marital funds to purchase shared property, it can become challenging to determine which assets belong to whom. Again, a qualified attorney can be invaluable as you sort through the division of property matters.

Contact a Cook County Divorce Attorney

As many people know, divorce can be an arduous and complex ordeal. Few issues in a divorce are more complex and consequential than the division of assets. It is not unusual for someone about to go through a divorce to be utterly overwhelmed by all of the issues that need to be sorted through. To help ease the burden of everything going on, contact the highly knowledgeable Des Plaines divorce lawyers with The Law Office of George J. Skuros. Call 312-884-1222 for a free consultation.

Source: 

https://www.americanbar.org/groups/legal_services/milvets/aba_home_front/information_center/family_law/marriage_and_divorce/annulment_separation_divorce/separating_property_awarding_alimony/separating_property/