Commingling happens when you mix your own money or property with your spouse’s during the marriage. For example, if you put money you had before the marriage into a joint account, it may no longer count as yours alone. In an Illinois divorce, this matters because courts follow specific rules to decide what stays yours and what gets divided.
What counts as commingling under Illinois law
Certain actions can turn your separate property into something that’s up for division. Under 750 ILCS 5/503, Illinois courts often treat the following as commingling:
- Putting an inheritance into a joint account used by both of you
- Paying a mortgage on your premarital home with marital funds
- Using business profits to cover family or shared household expenses
Even if you didn’t mean to share those assets, how you handled them during the marriage can change how courts treat them.
How Illinois courts divide commingled assets
Illinois courts divide commingled assets by separating any portion that can still be traced to a non-marital source, and treating whatever remains as marital property to be split. When sorting the assets, the court weighs the evidence you present and looks closely at three things:
- Where the asset came from. You’ll need records like bank statements, deeds or other documents proving the property began as non-marital, whether from an inheritance, gift or premarital ownership.
- How it got mixed. The court looks at how the asset was used during the marriage, including joint accounts, shared expenses or business income blended with household funds.
- Whether it can still be traced. If you can follow the money and show exactly what portion remains separate, that part may stay yours, but if the trail is too blurred, the court may treat the whole thing as marital.
That said, the earlier you sort out what’s traceable, the more control you keep.
Protect your separate assets from becoming marital
The best way to protect what’s yours is to never mix it with shared accounts or expenses. Keep everything separate from the start, document any transfers and hold on to records that show where money came from and where it went. If you’re dealing with large assets or expect something like an inheritance later, a prenup or postnup can spell it out in writing before things get complicated.
Even so, if some lines have already been crossed, you still have a chance to sort it out. The right divorce attorney can help you untangle it before it costs you more. Getting answers now can save you from giving up more than you should later.