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

 Posted on January 08, 2026 in Divorce

Not everything you own is automatically divided in an Illinois divorce. How and when your property was acquired matters. The way an asset is classified can determine whether it stays with one spouse or becomes part of the division process.

According to the 2025 U.S. Census Bureau American Community Survey, homeownership and asset ownership remain high among married households. This means that property classification is often a central issue during divorce.

As of 2026, Illinois divorce courts still follow equitable distribution to divide property. If you are facing divorce, our Cook County, IL divorce lawyer can help you avoid costly mistakes and protect what may legally remain yours.

What Is Non-Marital Property Under Illinois Divorce Law?

Non-marital property generally refers to assets that are not subject to division during divorce. Illinois law defines non-marital property as assets that belong to one spouse alone, rather than to the marriage.

Under 750 ILCS 5/503(a), non-marital property may include assets owned before the marriage or received individually during the marriage under certain conditions. These rules are strict, and classification matters.

What Types of Property Are Commonly Considered Non-Marital?

Illinois law recognizes several categories of non-marital property. Common examples include:

• Nearly anything owned by one spouse before the marriage

• Inheritances received by one spouse alone

• Gifts given to only one spouse

• Compensation for personal injuries, in some cases

Even when property fits into one of these categories, documentation and tracing are often required to prove its status.

Can Non-Marital Property Become Marital Property Over Time?

One of the most common problems in Illinois divorces is the mixing of non-marital and marital assets. This is called commingling.

When non-marital property is mixed with marital property, it can lose its protected status. For example, depositing inherited money into a joint account or using it to pay marital expenses may change how the court views that asset. Illinois courts look closely at intent and use when deciding whether commingling occurred.

How Does Illinois Handle Property That Increased in Value During Marriage?

Value increases can be tricky. Illinois law recognizes that non-marital property may grow over time, but how that growth happened makes a difference.

Under 750 ILCS 5/503(c), if non-marital property increases in value due to the efforts of either spouse during the marriage, that increase may be considered marital property. Passive growth, such as market appreciation, may remain non-marital. This distinction often comes up with businesses, real estate, and investments.

What Evidence Is Needed To Prove Property Is Non-Marital?

The spouse claiming non-marital property has the burden of proof. Helpful evidence may include:

• Deeds, titles, or purchase records

• Bank statements showing the source of funds

• Inheritance or gift documentation

• Records tracing how the property was used

Without clear proof, courts may classify the property as marital, even if it began as non-marital.

How Can Misunderstanding Non-Marital Property Affect Divorce Decisions?

Misunderstanding non-marital property can lead people to make decisions that hurt them later. Some spouses give up valuable assets because they assume everything must be divided equally. Others agree to settlements without realizing certain property may not have been subject to division at all.

Confusion about non-marital property can also affect negotiations. If one spouse believes an asset is protected when it is not, or assumes an asset is marital when it is not, talks can stall or break down. This often leads to longer cases, higher costs, and more stress.

Knowing how non-marital property works helps you evaluate settlement offers realistically. It also allows you to push back when claims are overstated or unsupported. A clear understanding puts you in a stronger position when making decisions that will affect your finances long after the divorce is final.

Schedule a Free Consultation With Our Chicago, IL Divorce Attorney

If you are concerned about protecting non-marital property, The Law Office of George J. Skuros can help you understand how Illinois law applies to your situation. Our firm focuses on helping clients truly understand the legal issues involved, so they feel prepared and have realistic expectations about possible outcomes. At the same time, we work hard to pursue the best-case scenario under the law.

Call 312-884-1222 to schedule a free consultation with our Cook County, IL divorce lawyer today.