Assets generally protected from division in a divorce are non-marital property, including things owned before marriage, gifts, and inheritances, as long as they are kept separate and not mixed with marital funds (commingling). Other assets that might be protected include specific personal injury compensation (not lost wages) and certain trust interests, but proper documentation is key, and courts can still consider these assets for other purposes like spousal support. Assets Usually Protected (Non-Marital Property) Premarital Property: Assets owned by one spouse before the marriage, like a house or a business. Gifts Inheritances: Gifts from third parties or inheritances received by one spouse, even during the marriage, if kept separate. Personal Injury Awards: Compensation for personal injuries, except for amounts related to lost wages or earning capacity during the marriage. Appreciation of Separate Property: Any increase in value of separate property, unless its due to marital effort or funds. Key Condition: Keeping Assets Separate The biggest factor is avoiding commingling (mixing). If you: Use inherited money to pay marital bills or buy a marital home, it becomes marital. Put separate funds into a joint bank account, they can become marital property. Invest separate funds into marital assets, their protected status can be lost. Assets That Are Usually Divided (Marital Property) Income earned during the marriage. The family home and other real estate acquired during the marriage. Vehicles, furniture, and most personal property bought during the marriage. Retirement accounts (401(k)s, pensions) and bank/investment accounts funded during the marriage. What to Do to Protect Separate Assets Keep Records: Maintain documentation showing the assets origin as separate property. Maintain Separate Accounts: Keep inherited money or premarital funds in accounts only in your name. Avoid Joint Use: Dont use separate funds for joint expenses or to improve marital property. Seek Legal Advice: Consult an attorney to understand your states laws and develop a strategy to protect your assets. AI can make mistakes, so double-check responsesSplitting Assets in Divorce in Illinois - Sterling Lawyers, LLC Frequently Asked Questions * What assets cannot be split in a divorce? Non-marital assets such as inheritances, gifts, or pre-marSterling Lawyers, LLCDividing Assets and Debts in Divorce - Maine Judicial BranchWhat assets does the court have authority to divide? The court can divide a couples marital property (most property acquired byMaine Judicial Branch (.gov)