Illinois Divorce Law...

Illinois Law - What is "Non-Marital Property?"

Non-marital property is any of the following:

• Property acquired by either party before the marriage;
• Property acquired by gift or inheritance;
• Property acquired in exchange for property acquired before the marriage;
• Property acquired in exchange for any property from a gift or inheritance;
• Property acquired by a spouse after a judgment of legal separation;
• Property specified as non-marital property by valid agreement of the parties;
• Any judgment or property awarded to a spouse from the other spouse as a result of a court judgment;
• The increase in value of property acquired by any method above, regardless of whether the increase resulted from a contribution of marital property, non-marital property, the personal effort of a spouse or otherwise. But the spouse who contributed to the property may be reimbursed for his or her contribution.
• Income from property described above is non-marital property as long as the income is not attributable to the personal effort of a spouse. Income that would be non-marital includes interest, dividends, and sometimes rentals, paid on account of non-marital property.

Example: Clarence gives Anita a diamond ring. At the divorce six months later, the ring is Anita's non-marital property.

Example: During the marriage, Anita inherits $20,000 from her parents. She puts that $20,000 in the couple's joint checking account. As long as the account balance remains above $20,000 at all times, the $20,000 is Anita's non-marital property. To the extent interest can be calculated on the $20,000, that interest is Anita's non-marital property as well.

Example: During the marriage, Anita buys a vacation home at the beach in her own name. The $15,000 down-payment is paid for with Anita's inheritance money. Over the years, the couple pays $8,000 in principal and interest. The vacation home is now worth double what they paid for it. The home is Anita's non-marital property, but the marital property is entitled to $8,000 of "reimbursement" from Anita's separate property.

Example: During the marriage, Anita and Clarence buy a vacation home in both their names. The money for the down-payment comes from Anita's inheritance. The vacation home is marital property.

Caveat: All these examples are just a starting point for the court. The court may divide property in a way it finds fair, regardless of the niceties of marital versus non-marital property.

Section 5/503.

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