Can My Spouse Get Part of My Inheritance in an Illinois Divorce?

 Posted on September 08, 2026 in Divorce

An inheritance can carry real emotional weight, especially when it comes from someone who mattered to you. If you later face a divorce, that history makes it even more important to understand whether that money or property has to be divided with your spouse.

In Illinois, what you do with inherited property after receiving it can affect how it’s treated during a divorce. If you have inherited money or other valuable property, an Orland Park, IL property division attorney can help determine whether it should remain separate from your marital estate in 2026.

Is an Inheritance Considered Marital Property in Illinois?

Illinois generally treats an inheritance left to one spouse as nonmarital property. Under 750 ILCS 5/503, property received by gift, legacy, or descent is excluded from marital property. This means it belongs to that spouse rather than to the marital estate.

This rule applies even if you receive the inheritance while you are married. For example, if a relative leaves you $50,000 during your marriage, the money does not become marital property simply because you have a spouse. However, you might need to show that the property came from an inheritance if its ownership is disputed during your divorce.

What Happens if You Put an Inheritance Into a Joint Account in Illinois?

Putting inherited money into a joint account can make it harder to keep the money separate during a divorce. Mixing marital and nonmarital property is known as commingling.

Illinois law looks at whether inherited money can still be traced after it has been mixed with marital funds. Suppose you deposit inherited money into a joint checking account, which you also use to deposit your paycheck and pay household expenses. Over time, it can become harder to show which money came from your inheritance.

Keeping inherited money in a separate account can make its source easier to show if questions arise during a divorce.

What if You Use Inherited Money to Buy or Improve Marital Property in Illinois?

Inherited money might become harder to separate when you use it toward property you own with your spouse. However, you may have a right to seek repayment to your nonmarital estate in some situations.

This is called reimbursement. Illinois law will often allow reimbursement if you can clearly trace the contribution and show that it was not intended as a gift – for instance, if you use inherited money to pay for a major improvement to the marital home.

The court will look at how the inherited money was used and whether there are records showing the contribution. Simply saying that inherited funds were used is not enough.

How Can You Show That an Inheritance in Illinois Is Nonmarital Property?

Records can help show that an inheritance belongs to you instead of the marital estate. They become particularly relevant if you received the inheritance years ago or moved the money between accounts.

Documents that can help include:

• A will or trust showing that the property was left to you
• Bank or investment statements showing where the inheritance was deposited
• Records showing transfers of inherited money
• Closing documents if you used inherited funds to buy property

These documents can help trace the property back to its source. If the money has moved through several accounts or been mixed with marital funds, tracing might be more difficult.

Can Your Spouse Receive Part of an Inheritance During Property Division in Illinois?

An inheritance that remains nonmarital property is not divided between spouses as part of the marital estate. One spouse might leave the marriage with a large inheritance while the other has little separate property. However, the court can still consider the value of each spouse's nonmarital property when deciding how to divide marital assets.

A dispute can also arise if your spouse claims that the inheritance became marital property. But that’s where your records will come into play. An attorney can help you navigate how to address any disputes with your inheritance.

Contact Our Joliet, IL Property Division Attorneys Today

Our attorneys at The Foray Hurst Firm assist clients with property division disputes involving inherited assets and other nonmarital property. Our firm is proud to maintain memberships in the Black Women Lawyers' Association, Black Bar Association of Will County, Cook County Bar Association, and National Bar Association. We are committed to preserving the dignity of families in transition.

Contact our Orland Park, IL divorce lawyers or call 312-702-1293 to discuss how an inheritance can be treated in your divorce.