How Non-Marital Property is Defined in Illinois
Non-Marital property includes all property, including debts and other obligations, acquired by either spouse subsequent to the marriage except as it relates to retirement plans that may have both marital and non-marital characteristics, affecting property division. Property acquired shortly before marriage contemplation of the marriage are still considered non-marital.
Non-marital property in Illinois includes:
- property acquired by one spouse by gift, legacy, or descent
- property acquired by one spouse in exchange for property that spouse acquired before the marriage or by gift, legacy or descent
- property acquired by a spouse after a judgment of legal separation
- property excluded from the marital estate by valid agreement of the parties (for example, by a prenuptial agreement)
- any judgment or property obtained by judgment awarded to one spouse from the other
- property one spouse acquired before the marriage
- the increase in value of non-marital property, irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement
- income from any of these types of non-marital property, if the income is not attributable to the personal effort of a spouse.
(Source: 750 ILCS 5/503)
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