In an Illinois divorce, am I entitled to receive part of my wife's inheritance?
I'm separated from my wife and getting a divorce in Illinois. My wife had a substantial inheritance. She put the money under my daughter's name. Am I entitled to part of my wife's inheritance. We’ve been married 20 years.
paul
responded
5 years ago
Hello @CalvinThumser
In Illinois, the general rule is that all property received by either spouse during the marriage is "marital property." A divorce judge will equitable divide all of the marital property between the spouses. However, there are a few limited exceptions to the general rule. One of those exceptions is that property acquired by gift, legacy, or descent is considered "non-marital property." A divorce judge may not divide non-marital property and must assign each spouse's non-marital property to that spouse.
In your case, it appears that your wife's inheritance is non-marital property and your divorce judge will assign it entirely to her. That said, it is important to check whether your wife ever put her inheritance into your name (individually or jointly) or whether she ever commingled her inheritance with other marital assets. If so, then she may have transformed her non-marital inheritance into a marital asset. Also, even though your divorce judge cannot divide your wife's inheritance, the judge may consider it when making other determinations such as alimony or division of marital property. Hope this helps!
In Illinois, the general rule is that all property received by either spouse during the marriage is "marital property." A divorce judge will equitable divide all of the marital property between the spouses. However, there are a few limited exceptions to the general rule. One of those exceptions is that property acquired by gift, legacy, or descent is considered "non-marital property." A divorce judge may not divide non-marital property and must assign each spouse's non-marital property to that spouse.
In your case, it appears that your wife's inheritance is non-marital property and your divorce judge will assign it entirely to her. That said, it is important to check whether your wife ever put her inheritance into your name (individually or jointly) or whether she ever commingled her inheritance with other marital assets. If so, then she may have transformed her non-marital inheritance into a marital asset. Also, even though your divorce judge cannot divide your wife's inheritance, the judge may consider it when making other determinations such as alimony or division of marital property. Hope this helps!
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