Is My Wife Entitled to My Inheritance in Our Illinois Divorce?

 Posted on January 27, 2026 in Divorce

Divorce in Illinois is a complex, often painstaking process. During the division of assets, one spouse’s inheritance may become the subject of much debate. If you are worried about how assets will be divided and whether your inheritance is at risk, be sure to seek legal representation.

At The Stogsdill Law Firm, P.C., our Wheaton, IL divorce attorneys will fight to protect your inheritance. As one of the most prestigious firms in DuPage County, we have handled serious cases and represented our clients in high-stakes trials.

What Is My Wife Entitled to in an Illinois Divorce?

In an Illinois divorce, property is considered marital or non-marital. Marital property usually includes most items either spouse acquires from the date of the wedding until the date of the divorce. That includes wages, retirement contributions, real estate, and many other assets.

Non-marital property is property that belongs to only one spouse. Assets owned before the marriage are usually assumed to be separate property. The same applies for gifts given only to one spouse. In Illinois, inheritances left to one spouse are usually treated as non-marital property (750 ILCS 5/503). 

This matters more than you might think. According to recent Federal Reserve data, the average inheritance for American households is about $46,200, even though many families receive less or nothing at all. With that much money at stake, courts look closely at how the inheritance came in, how it was held, and whether it ever became mixed with marital funds. The judge then divides only the marital estate, while each spouse keeps his or her own non-marital property.

How Good Documentation Can Protect Your Inheritance

If you want to argue that your inheritance is your separate property, strong documentation is critical. Start with the basic paperwork that shows how and when you received the asset. This can include a copy of the will or trust, checks written only to you, letters from the estate lawyer, and account statements showing that the money or property was directed to you alone. All of this can serve as tangible proof of ownership that will help your case.

Paper trails matter over time. Save your monthly or yearly bank statements to show the inheritance stayed in your name. Track exactly how you spent the money. If you used inherited funds as a down payment or to remodel a home you own with your spouse, he or she might claim the funds were commingled. Clear records help your lawyer follow each dollar back to its source. That way, you can ask the court to treat the inheritance as your separate property.

Exceptions to Non-Marital Property Classification in 2026

Even if an inheritance starts out as non-marital property, it can lose that protection over time. Illinois courts look closely at how the money or asset was handled during the marriage. In some cases, the property can be treated as marital because of commingling, transmutation, or contributions by the other spouse.

Commingling happens when non-marital funds and marital funds are mixed together so much that no one can clearly separate them. For example, if you deposit inherited money into a joint checking account and use that account to pay everyday bills, it may be hard to prove what part of the balance is still inheritance. When tracing is no longer possible, the court may decide that the entire account has become marital.

Transmutation is when non-marital property is changed into marital property by how it is used or titled. Putting your spouse’s name on the title of an inherited home, or using inherited money to buy a house held in both names, can show that you intended to share that asset. In those situations, the court may say the property has been transmuted into marital property and can be divided in a divorce.

Courts also look at contributions from the other spouse. If your spouse spent time, effort, or money to maintain or improve an inherited asset, that contribution can make a difference. The judge may decide that your spouse should receive a share of the increased value, even if the underlying inheritance is still labeled non-marital.

Using a Prenup or Postnup to Protect an Inheritance

You can use a prenup or postnup to keep an inheritance separate. The agreement can stipulate that any money you already have or will receive stays yours alone. It can also cover income or growth from that inheritance. You can even decide in advance what happens if you use inherited funds to buy a house, start a business, or pay shared bills.

Courts usually enforce prenuptial and postnuptial agreements if they are made properly. That means full disclosure of assets, no serious pressure or threats, and terms that are not grossly unfair at the time of signing. It's often advisable to have an attorney review your agreement before signing to make sure it's in your best interests.

What if My Spouse Wants My Inheritance?

Sometimes the cost of fighting over an inheritance is greater than the value at stake. A long trial means more legal fees, more time away from work and family, and more conflict. In these kinds of cases, a skilled divorce attorney can help you weigh your options. They will review your records, explain the likely court result, and estimate the time and money you may spend. With your attorney’s guidance, you can pursue other methods like mediation or negotiation for a settlement.

Negotiating outside of court has its own advantages. Aside from saving legal fees, it can give you and your spouse more control over how the inheritance is divided. If you don’t trust the court to handle your case delicately, it may be best to try to reach your own agreement with your spouse.

Contact a DuPage County, IL Divorce Lawyer

If you are worried about what will happen to your inheritance in your divorce, our firm can stand up for your property rights. Contact the skilled Wheaton, IL divorce attorneys at The Stogsdill Law Firm, P.C. for legal representation you can trust. Call 630-462-9500 to set up a private consultation today.