Is My Spouse Entitled to a Portion of My Inheritance if We Divorce?

 Posted on October 27, 2026 in Divorce

There are many things that you share with your spouse when you are married. For some people, one of the most stressful parts of divorce is figuring out what you and your spouse have to do to finalize the legal process and disentangle your finances. Before you start dividing up your assets and debts, you and your spouse must determine which of your assets are considered marital property and which assets will remain separate. 

In cases in which one spouse receives an inheritance during the marriage, the inheritance is usually considered to be non-marital property and resides with the spouse to whom it was given. However, this may not always be the case, so it is important to understand how these types of assets are handled in an Illinois divorce. At The Law Office of Matthew M. Williams, P.C., our Kane County, IL family law attorneys have been helping couples through their divorces for more than 20 years, so you can trust us to stand up for your best interests in property division.

What Is the Difference Between Marital and Non-Marital Property in Illinois?

The state of Illinois draws a clear line between marital and non-marital property. According to the Illinois Marriage and Dissolution of Marriage Act, anything that a couple acquires during the marriage is considered to be marital property. There are only a few exceptions to this rule. One of those exceptions includes "property acquired by gift, legacy, or descent," and inheritances fall into this category. 

In these instances, inheritances are typically not included in the marital estate alongside other property that is subject to division. With that being said, there are still some situations in which inheritance might still be subject to division during a divorce.

Can an Inheritance End Up Commingled in Illinois?

One of the most common reasons why someone might find that a portion of their inheritance is assigned to their former spouse is because an inheritance is considered to have both marital and non-marital characteristics. 

An inheritance may be considered marital property because of the way it was handled when it was received. Many married couples have combined finances, such as bank accounts and other assets. If a spouse kept his or her inheritance money in a joint bank account, for example, the funds may lose their non-marital designation and be subject to division upon divorce. This is especially true if both spouses are allowed to make withdrawals from the account without the approval of both parties.

What Happens to an Inherited Home in a 2026 Divorce?

An inherited home usually starts out as non-marital property in Illinois, but the way a couple uses and pays for the house over the years can change how it is treated in a divorce. A home that stays titled only in the name of the spouse who inherited it has the best chance of remaining that spouse’s separate property. Problems tend to arise when the house becomes part of the couple’s shared financial life.

Retitling is one of the biggest risks. If the spouse who inherited the home adds the other spouse to the deed, a judge may view that change as a gift to the marriage. Refinancing the property in both names can raise similar questions.

Money and labor put into the house also play a role. Couples often pay the mortgage, property taxes, or renovation costs with income earned during the marriage. In these situations, the home itself may stay non-marital, but the marital estate could have a right to be reimbursed for those contributions. A kitchen remodel paid for with joint savings or years of repairs done by the other spouse can lead to a claim for part of the home’s added value.

How Can You Avoid Commingling Your Inheritance in an Illinois Divorce?

Avoiding commingling with an inheritance in Illinois mostly comes down to keeping the money or property separate from everything the couple shares. The simplest step is to place inherited funds in an account held only in your name. Your spouse should not have access to that account, and you should avoid depositing paychecks or other marital income into it.

How you spend the inheritance is just as important as where you keep it. Using inherited money to pay household bills, cover a family vacation, or pay down a joint credit card can blend those funds with marital assets. Once that happens, separating them again can be difficult. If you use the inheritance to buy something, such as a car or investment property, consider titling it in your name alone. Good records can protect you if questions come up later. Helpful documents include:

• The will, trust documents, or probate records showing you received the inheritance

• Bank statements showing where the funds were deposited

• Records of any purchases made with the inherited money

These records allow you to trace the inheritance from the moment you received it. Tracing can help show a judge that certain assets came from your inheritance, even if years have passed.

Should You Sign a Marital Agreement After Receiving an Inheritance?

Signing a marital agreement after receiving an inheritance can give both spouses clear expectations about what will happen to that property if the marriage ends. Couples who are already married can sign a postnuptial agreement. Couples who are engaged and expect a future inheritance can address the issue in a prenuptial agreement.

A well-drafted agreement can state that the inheritance will remain non-marital property. It can also address related questions, such as whether any growth in the value of the inheritance belongs to one spouse and how an inherited home will be handled if the couple lives there together. Settling these issues while the marriage is stable can prevent long and costly disputes later.

Contact a Kane County, IL Divorce Attorney

While it is true that divorce is an emotional undertaking, it is first and foremost a complicated legal process that can be tricky to navigate. If you and your spouse are getting a divorce, and you have questions about gifts or inheritance that you received during the divorce, you should talk with a skilled Aurora, IL property division lawyer who is knowledgeable about the asset distribution process. If you have any questions about your rights to marital property or assets, call our office today at 630-409-8184 to schedule a free consultation.