Marital v. Non-Marital (Separate) Property

To understand how courts divide a couple’s property during divorce proceedings, you must first know which property is off limits, meaning not subject to division because it is considered separate non-marital property.

Separate non-marital property includes:

• Property acquired before the marriage
• Property acquired by gift, legacy or descent
• Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, legacy or descent
• Property acquired by a spouse after a judgment of legal separation
• Property excluded by valid agreement of the parties
• Any judgment or property obtained by judgment awarded to a spouse from the other spouse

The increase in value of property acquired by one of the methods listed above, 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 if the property is comingled. This right of reimbursement allows a spouse to be compensated for his/her personal effort or contribution of property. For example, if spouse A owns a house prior to the marriage and then spouse B spends his/her personal effort and part of his/her paycheck to improve the house, he/she may be compensated for the personal effort and/or money he/she contributed.

Income from property acquired by a method listed above if the income is NOT attributable to the personal effort of a spouse.

For more information regarding Property Division speak with a knowledgeable divorce attorney in Bloomington, IL, contact the family law firm of Koth Gregory & Nieminski at 309-828-5090. Let us ease your burden and be your advocate.

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