What if my spouse claims I “gifted” the inheritance to the marriage?

If you used inheritance funds for joint expenses or shared investments, the court may consider it a gift to the marriage. This means the inheritance could lose its non-marital status. To contest this, it’s critical to keep thorough records showing where the inheritance came from, how it was used, and how it was kept separate. An attorney can help trace these funds and argue your case in court.

What happens if I inherit money during my divorce?

If you receive an inheritance while your divorce is ongoing, it is typically considered non-marital property under Illinois law. However, you must take immediate steps to keep it separate—like depositing the funds into an individual account and avoiding commingling with marital assets. Failure to do so could complicate its classification in court.

What is transmutation of inheritance, and how does it affect my assets in a divorce?

Transmutation occurs when non-marital property, like an inheritance, is mixed with marital property, intentionally or unintentionally, causing it to lose its non-marital status. For example, depositing inherited funds into a joint account or using them to purchase shared property can lead a court to classify the inheritance as marital property. Once this happens, it becomes difficult to prove the inheritance was ever separate, and it may be divided during divorce.

Anderson Boback & Marshall

Protecting Your Inheritance in Divorce: Strategies to Keep Your Assets Safe in Illinois

Published December 30, 2024

Categorized as Divorce, High Asset Divorce, Property Division

Under Illinois law, all property, assets, and debts that spouses acquire during the marriage become part of the marital estate, which the court will allocate between the parties in a divorce. However, an exception exists for inheritance. An inheritance you or your spouse received during or before the marriage stays as non-marital property, which the court

Help! My Spouse Won’t Cooperate During Our Divorce

Published December 24, 2024

Categorized as Divorce

Divorce is rarely easy, but dealing with an uncooperative spouse can make it even more stressful. When one spouse refuses to participate in the process, delays proceedings or hides important financial information, it can slow down progress and cause unnecessary frustration. These challenges become even more complicated when co-parenting arrangements are involved. This article explores

How to Get a Divorce if You Can’t Find Your Spouse

Published December 16, 2024

Categorized as Divorce, Divorce Process, Illinois Divorce

A lot of estranged couples lose track of each other after separating. This often leads to situations where one spouse wants to get a divorce but has no idea where the other spouse lives. If you’re facing a divorce in Illinois and can’t locate your spouse, you might wonder how the process can proceed. Fortunately,

Can You Move With Your Child?

Published December 16, 2024

Categorized as Child Custody, Child Relocation

Relocating with your child after a divorce can be a daunting legal challenge in Illinois. Whether you’re seeking better educational opportunities, a new job, or a safer environment for your child, Illinois courts scrutinize such moves. Their primary focus is always on the best interest of the child. This guide will walk you through the legal steps,

7 Common Mistakes to Avoid in High Asset Divorce

Published December 10, 2024

Categorized as High Asset Divorce, Illinois Divorce

In a high-asset divorce, the stakes are much higher, and costly mistakes can be easily made. Whether it’s improper asset valuation, overlooking tax consequences, or failing to conduct thorough discovery, these errors can cost millions and have long-lasting effects on your financial future. In this article, we’ll cover the 6 most common mistakes in high-asset

Paternity and DNA Testing in Illinois: Your Guide to Protecting Your Rights

Published December 7, 2024

Categorized as Uncategorized

Establishing paternity in Illinois is a critical legal process that shapes the rights and responsibilities of parents while ensuring the well-being of children. Whether you’re a father seeking legal recognition, a mother pursuing child support, or a parent needing clarity on biological ties, understanding the laws and procedures surrounding paternity disputes in Illinois is essential.

Year: 2024

Protecting Your Inheritance in Divorce: Strategies to Keep Your Assets Safe in Illinois

Help! My Spouse Won’t Cooperate During Our Divorce

How to Get a Divorce if You Can’t Find Your Spouse

Can You Move With Your Child?

7 Common Mistakes to Avoid in High Asset Divorce

Paternity and DNA Testing in Illinois: Your Guide to Protecting Your Rights

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