Are Wedding Gifts Subject to Division in a Divorce?

 Posted on January 12, 2024 in Divorce

Dividing assets accumulated during a marriage can be one of divorce's most complicated and nerve-wracking processes. One question that sometimes arises is whether wedding gifts are subject to division. Suppose you have concerns regarding property division in your Illinois divorce. In that case, competent lawyers are available to ensure that your future is safeguarded and that the decisions made during the division of assets process can fully support and safeguard your best interests.

Classification of Wedding Gifts

In Illinois, wedding gifts are generally considered marital property. This is because wedding gifts given before the marriage are intended to benefit both spouses instead of one individual spouse. It is also important to remember that most wedding gifts are given to the couple jointly rather than individually. So, as long as the gift was intended for both spouses, it is likely considered marital property and thus subject to division in a divorce.

Exceptions to a Marital Classification 

There are some exceptions to the general rule of wedding gifts being marital property. If a wedding gift was given explicitly to one spouse and not intended for the benefit of the marriage, it may be considered separate property and not subject to division. Additionally, if a wedding gift is commingled with marital assets or transformed into a marital asset, it may lose its non-marital classification and become subject to division.

Prenuptial Agreements and Wedding Gifts

Couples can also address the treatment of wedding gifts in a prenuptial agreement. A prenuptial agreement is a legal contract that a couple signs before marriage that details how assets will be divided in case of a divorce. Couples can choose to specify how wedding gifts will be treated, whether they will be considered non-marital property or subject to division. It is worth noting that when a prenuptial agreement is being drafted, consult closely with an attorney to ensure that the agreement is prepared correctly and enforceable. You do not want to find yourself in a situation where you are pursuing a divorce only to find out the prenup you signed years before is non-enforceable. 

Discuss Your Case with Our DuPage County, IL, Divorce Attorneys 

Do not leave your future in the hands of incompetent legal counsel. To ensure you are prepared to defend your interests in the property division process, look no further than the skilled Wheaton, IL, divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.