How Can I Prove My Money Is Not Marital Property?

 Posted on May 08, 2025 in Property Division

In a divorce, the property division can quickly become one of the most difficult issues to resolve, especially when one spouse claims that certain money or assets should not be shared. Under Illinois law, not all property is automatically considered marital. Some assets are treated as separate or non-marital property, and they generally remain with the original owner. But proving this can be more complicated than many people expect.

If you believe that some of your money should not be divided during your divorce, it is important to understand how separate property is defined, how it can become commingled, and what kind of documentation can help you protect it. At Davi Law Group, our Wheaton, IL divorce attorney can help you do exactly that. 

What Counts as Separate Property in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act, separate property is generally anything acquired before the marriage or received individually during the marriage by gift or inheritance. This includes money, investments, real estate, gifts, and personal injury settlements, just to name a few. These assets are not subject to equitable distribution unless they become commingled with marital funds.

How Can Money Become Commingled?

Even if money started out as separate property, it can lose its separate character if it becomes mixed with marital property in a way that makes it hard to trace. This is known as commingling.

Common examples of actions that can lead to property becoming commingled include:

• Depositing inherited funds into a joint checking or savings account

• Using pre-marital savings to renovate the marital home

• Investing separate funds in a shared business without a clear agreement

• Transferring money into jointly-titled accounts

Once separate money is blended with marital money and used for joint purposes, the court may presume that it became marital property unless there is clear evidence to prove otherwise.

How Can I Prove My Money Is Still Mine in a Divorce?

The burden is on the spouse claiming the property is separate. That means documentation is critical. To preserve your right to keep separate property, you will need to provide clear financial records showing how you got the money and how you handled it during the marriage. Statements from bank accounts, trust documents, wire transfer records, and even tax returns can help show that the money was not intended to be shared. 

If you did commingle some or all of the money, you may need a specialist called a forensic accountant to help you investigate whether any of your personal property can be separated from the mixed property. 

Contact a Wheaton, IL Divorce Attorney

If you are worried about protecting your separate property in a divorce, do not wait to get legal advice. A DuPage County, IL asset division lawyer at Davi Law Group can review your financial records, explain your options, and help you build a strong case. Call 630-657-5052 today to schedule your free consultation and take the first step toward securing what is rightfully yours.