Can My Spouse Be Awarded My Personal Belongings in a Divorce?

 Posted on July 11,2022 in Divorce

In an Illinois divorce, the state divides marital property in an equitable, fair fashion. Marital property is divided between the spouses based on many factors including their contributions to the marriage, financial resources, earning capacity, and needs. If one spouse receives the house after the divorce, the other may receive a more significant portion of the retirement account. However, what happens to personal belongings and family heirlooms during a divorce? Can a spouse be awarded the other’s personal belongings?

Shared Versus Unshared Property

Property division during a divorce is considered under the umbrella of two property types— shared and unshared. Shared items, also known as marital property, were obtained throughout the marriage, so both spouses have a right to the property. Non-marital property includes items purchased before the marriage or given to a partner before the marriage. Assets acquired through inheritance or gift are also separate property. 

Protecting Your Items After Marriage

Your spouse is not entitled to non-marital property that you individually own. One way to protect your personal property is through a postnuptial agreement. Like a prenup, married couples can draft an agreement after marriage that expresses all of the joint and separate property for each partner. Postnuptial agreements are a helpful way to legally keep track of property and make property division in the case of divorce much more collaborative. 

Ask a DuPage County Divorce Lawyer

Marital property is property that either spouse obtained during the marriage. Non-marital property includes property a spouse obtained before they were married. Property that a spouse inherited and gifts are usually classified as non-marital property regardless of when the spouse acquired the property. If you have questions or concerns about the division of assets and debts during your divorce, contact a lawyer for help. Property division during divorce can quickly become complex and contentious.

Naperville divorce lawyer Ronald Hendrix has over three decades of experience representing clients during divorce and family law disputes. He can help you understand your rights and responsibilities regarding personal property, real estate, vehicles, investments, and other assets. At Law Office of Ronald L. Hendrix, P.C., our DuPage County divorce lawyers are experienced in family and marital legal challenges. Our team can help you create a plan for the property division. For a free consultation, don't hesitate to contact our office by calling 630-355-7776 today. 

Sources

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2102&ChapterID=59