Can a Prenup Protect My Inheritance If I Get Divorced?

 Posted on March 30, 2025 in Divorce

When you receive an inheritance, you likely want it to stay within your family, and not become a point of contention in a divorce. While Illinois law generally considers inheritances to be separate property, the reality is more complicated, especially if those assets become intertwined with marital finances. A prenuptial agreement can help ensure that your inheritance remains protected, but how enforceable is it? 

The answer depends on various factors like state laws and how the agreement is structured. With careful planning and guidance from an Illinois family law attorney, a prenup can provide peace of mind during marriage, clarity in divorce settlements, and protection of your financial future.

How Does a Prenuptial Agreement Protect an Inheritance?

Under Illinois law, inheritance is normally categorized as separate property, meaning it cannot be divided in a divorce. However, inherited assets can become marital property if they are commingled with shared finances. For example, if inherited money is deposited into a joint bank account or used to purchase a home in both spouses’ names, it is considered shared property.

A prenuptial agreement can prevent this issue by:

• Clearly stating that an inheritance remains separate property

• Outlining how inherited assets will be handled during the marriage

• Preventing the unintentional commingling of assets

• Specifying that appreciation in the value of the inherited assets remains separate

By proactively addressing these concerns, a prenup can help protect an inheritance from division in divorce proceedings.

Are Prenuptial Agreements Enforceable in Illinois?

Prenuptial agreements fall under the legal framework of the Illinois Uniform Premarital Agreement Act. This law allows couples to create legally binding agreements that address asset division and inheritance protection. However, to be enforceable, a prenup must meet specific criteria:

• It must be in writing and signed by both parties

• It must be entered into voluntarily

• It must include full financial disclosure from both parties

• It must not be unconscionable, meaning it cannot be deliberately unfair to one party

If a court finds that a prenuptial agreement does not meet these standards, it may be deemed invalid, potentially leaving an inheritance vulnerable in the event of a divorce.

Can a Prenuptial Agreement Override Illinois Divorce Law?

Illinois divorce law aims for equitable division of marital assets, but a valid prenuptial agreement can override the default rules by defining what qualifies as separate property. This means that even if an inheritance was partially commingled, a prenup could help prevent it from being considered marital property.

However, courts may still examine whether the agreement was fair when it was signed and whether circumstances have significantly changed. A judge may modify or disregard certain provisions if an agreement is deemed one-sided or outdated.

Contact a DuPage County, IL Prenuptial Agreement Lawyer

Your inheritance represents more than just money– it is a connection to your family’s past and a foundation for your future. A well-crafted prenuptial agreement can help ensure that what was meant for you stays with you, no matter what life brings. To discuss how a prenup can safeguard your inheritance, contact a Wheaton, IL family law attorney at Goostree Law Group. Call 630-364-4046 today to schedule your free consultation.