Marital Property vs. Nonmarital Property in Illinois

What is Nonmarital Property?

Nonmarital property refers to assets that one spouse solely owns. This does not need to be distributed equally in a divorce; it will remain with whoever owned it before the separation.

Examples

The rules for nonmarital property are less clear cut than those for marital property. Here are some ways you can determine whether an individual owns an asset:

• If the individual purchased the asset before the marriage and it’s in their name only
• If the asset was left to or given as a gift to the individual
• If the individual acquired the asset after legal separation
• If the asset is listed on a prenuptial or postnuptial agreement
• If the asset was awarded by a judgment

As you can see, determining who owns what can be tricky sometimes. That’s why it’s helpful to bring in a property division lawyer to clarify things and ensure the divorce is processed fairly. Now that you know the difference between marital property and nonmarital property in Illinois, prepare for your separation with this information in mind.