Tag Archives: non marital property

marital property, non-marital property, distributing assets after divorce, property divisionWhen a married couple decides to divorce, it may come as a shock to one spouse when the court rules his or her non-marital property has actually been converted to marital property, and it is therefore subject to equitable division. In fact, the transmutation of non-marital assets into martial assets can happen by accident by either party.

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) identifies non-marital property as the following:

  • Property acquired by gift, legacy or descent;
  • Property acquired in exchange for other non-marital property;
  • Property acquired by a spouse after a judgment of legal separation;
  • Property both spouses agree is non-marital property;
  • Property acquired through a judgment awarded to a spouse from the other spouse;
  • Property acquired before the marriage; and
  • Any increase in value of non-marital property.

Notwithstanding the definition of marital property as any property acquired by the couple after they are legally married, and the clear listing of what constitutes non-marital property, there are cases where property cannot be easily distinguished as either marital or non-marital.

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DuPage County divorce attorney, winning the lottery, file divorce, Illinois Divorce Law, winning lottery ticket, marital property, non-marital propertyWinning the lottery is not always a cause for eternal bliss. If you are going through a divorce when lady luck knocks on your door, notifying your soon-to-be ex-spouse of your win is necessary. Depending on when and how you obtained the lottery ticket, the winnings may be marital property under Illinois law.

Staying Silent May Not be the Best Course of Action

At first, you may be tempted to wait until your divorce is finalized before mentioning your good fortune. However, a court may later find fraud on your behalf and vacate the settlement. When spouses go through a divorce, they are required to disclose all their assets, income sources, and debts to each other. Various forms will need to be filled out in detail and will also require the accompaniment of supporting documents. Deadlines may also be required. In most counties, the form to be completed is a Comprehensive Financial Statement.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree