Marital vs. Non-Marital Property in Illinois
In Illinois, property acquired after the marriage and before judgment is presumed marital, gifts, inheritances and premarital property are non-marital and stay with their owner, and commingling marital and non-marital property can turn the non-marital part into marital property.
Non-marital property
Non-marital property includes property acquired before the marriage, property acquired by gift, legacy or descent, property acquired in exchange for any of these, and the other categories the statute lists. The court assigns each spouse’s non-marital property to that spouse (750 ILCS 5/503(a) and (d)).
The marital presumption
All property acquired by either spouse after the marriage and before the judgment of dissolution is presumed to be marital property, regardless of how it is titled. A spouse who says property is non-marital must show that it falls within an exception, with evidence the statute describes.
Commingling
Commingled marital and non-marital property is treated as marital property. When marital and non-marital property are commingled into newly acquired property so that the contribution of each cannot be traced, the new property is marital. If the contribution of each can be traced, each estate keeps its share, and the statute has separate rules for contributions from one estate to the other and for personal effort.
Increase in value
The statute covers the increase in value of non-marital property and when a contribution of marital funds or personal effort can make that increase marital. The details matter, so keep records of who paid for what.
Pensions and retirement
Pension benefits accrued during the marriage, whether vested or non-vested, are marital property, as are stock options granted during the marriage. Ask a licensed Illinois attorney how a court order would divide your plan.
Keeping the right paperwork
Keep inherited and premarital funds in accounts titled in your name alone and avoid mixing them with marital funds; keep gift and inheritance documents.
Evidence to gather
Statements from before the wedding, deeds with dates and titles, gift and inheritance documents, and records tracing separate funds. Keep non-marital funds in separate accounts.
Frequently asked questions
What is non-marital property in Illinois?
Property acquired before the marriage, gifts, inheritances, and property acquired in exchange for them, among other categories.
Is property titled in one name marital in Illinois?
If acquired after the marriage and before judgment it is presumed marital regardless of title.
Can an inheritance become marital in Illinois?
Yes, through commingling with marital funds when the contributions cannot be traced.
Is a pension divided in an Illinois divorce?
Benefits accrued during the marriage are marital property.
How is commingled property treated in Illinois?
As marital property, subject to the statute's tracing rules for contributions between the two estates.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.