Thumbs Up Thumbs Down
Share Your Experience
X

How Does Illinois Divorce Law Treat Gifts to Spouses?

DuPage County property division attorney, Illinois divorce law, gifts to spousesChances are you and your spouse engaged in the tradition of gift giving between yourselves and with other members of the family. Whether for birthdays, holidays, anniversaries, or other special occasions, presents are a way of showing love, appreciation, and gratitude. Now that you are considering divorce, what happens to these mementos that—in some cases—might be worth a lot of money?

You might already be aware of how Illinois divorce law treats marital and non-marital assets for purposes of property distribution. However, the treatment of gifts is not so clear-cut. An attorney with experience in property division matters can tell you more about specific items, but here are some general rules on how the law applies.

Legal Presumption as Non-Marital Property

The general rule is that, when one spouse receives a gift, the item is presumed to be non-marital. For example, a present you receive from a person outside the marriage for a birthday, retirement, or as a thank you would be yours to keep if you divorce. In addition, a gift from a child for Mother’s or Father’s Day is clearly for one person—not the couple. These types of gifts will not be considered by a court when making a property distribution of marital property.

It is possible to overcome the legal presumption by presenting clear and convincing evidence that the gift was intended for you and your spouse as a couple. The determination of whether the item was intended for both of you may be challenged where the tag on a holiday gift mentions each of your names. If the gift is clearly to you as a couple, it would be marital property and subject to property division in a divorce case—unless you and your spouse agree.

Specific Types of Gifts

Illinois law does provide guidance on the treatment of gifts in certain situations.

  • Gifts Between Spouses: When your spouse gives you a present, that would be seen as a gift to you individually. It would most likely be considered non-marital property.
  • Wedding and Engagement Rings: These rings are a token of your relationship as a couple, but are still treated as gifts between spouses.
  • Wedding Gifts: When guests give gifts in honor of your nuptials, these are intended for you as a couple. They would be subject to property division under Illinois divorce law.

A Qualified Property Division Lawyer Can Assist

The legal presumption that gifts are non-marital property may be easy to apply in some cases, but other situations can be more complex. Plus, there are other legal concepts that may treat certain types of presents in different ways, further clouding the issue. A skilled DuPage County property division attorney can assist you in understanding how Illinois divorce law works, but it is also useful to retain a lawyer with the negotiation skills necessary to move beyond specific gifts and toward resolution. If you’d like to hear more about our legal services for divorcing couples, please contact Davi Law Group, LLC.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm

Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Contact us
Chat Us Text Us