How Can I Ensure My Separate Property Is Not Divided in the Divorce?

 Posted on April 03, 2025 in Property Division

You are in the midst of a divorce in Illinois and are worried that you will lose your separate property. After all, Illinois is an equitable distribution state, so marital property is divided fairly between the spouses no matter what. Separate property is not subject to division, but how can you be sure that your ex-spouse will not end up with your property? 

Concerns about property division during divorce are common, and a skilled Illinois family law attorney can represent you and ensure that the property division process does not affect your separate property. At Law Office of Ronald L. Hendrix, P.C., we are familiar with Illinois laws and regulations governing divorce-related property division.

What Qualifies as Separate Property in Illinois? 

Illinois law states what separate, non-marital, property is. It includes: 

• Anything you owned before the marriage.

• Inheritances or gifts received by you alone when you were married.

• Property you acquired after a legal separation.

• Property that is excluded by a valid prenuptial or postnuptial agreement.

• Income from your separate property, such as rental houses, assuming you keep it separate from marital funds.

On the other hand, marital property is the assets and debts acquired during the union by either party, regardless of the name on the title.

Keep All Property Well-Documented

Proving your property is separate is essential for ensuring it stays yours after the divorce. Carefully maintain records and documents proving your separate property, including bank statements, deeds, and titles showing that you owned the property before marriage.

Do not deposit your separate income, such as rents or salaries, into joint bank accounts. If you use your separate money to purchase something during the marriage, such as a home, keep records proving that you bought it with your individual property.

Never Commingle Assets

Commingling happens when your separate property is combined with marital property, which can make it lose its separate status. To avoid doing this, make sure to keep your separate property in bank or investment accounts in your name only. If you use your funds to buy something during the marriage, keep financial records showing it came from your property.

Sign a Prenuptial Agreement

Many disagreements over property division in divorce can be avoided by signing a legally binding prenuptial agreement before the marriage. The prenup can designate which assets are separate property.

The prenuptial agreement must be in writing and signed by both spouses. It must also be entered into voluntarily by both parties and reflect financial disclosure on both sides.

Contact a DuPage County, IL Property Division Attorney 

Divorce is usually stressful, but this can be exacerbated by concerns about potentially losing your separate property during the property division process. An experienced Naperville, IL divorce lawyer from Law Office of Ronald L. Hendrix, P.C. can represent your rights during the divorce and ensure the most favorable outcome to property division disputes. Call 630-355-7776 to schedule your free legal consultation.