Dividing property during a divorce is rarely easy, especially when sentimental or valuable items like family heirlooms are involved. In Illinois, family law courts follow the principle of equitable distribution, which means marital property is divided fairly—but not necessarily equally—if spouses cannot reach an agreement concerning how they want to resolve their differences on their own. Determining who gets to keep a family heirloom in a contested divorce scenario often depends on several factors, including when and how the item was acquired, its value and whether it is classified as marital or non-marital property.
The first step in deciding who keeps an heirloom is determining whether it is part of a couple’s marital estate. Under Illinois law, non-marital property is generally excluded from division and includes:
- Property acquired before the marriage
- Gifts or inheritances received by one spouse individually
- Items specifically excluded by a valid prenuptial or postnuptial agreement
If a family heirloom belonged to one spouse before the marriage or was gifted to or inherited by one spouse during the marriage, it is likely considered non-marital property and will remain with that spouse after the divorce.
However, complications can arise when heirlooms are used or treated in a way that blurs the lines between marital and non-marital property. For example, if a family heirloom originally belonging to one spouse was significantly improved using marital funds or shared openly between the couple, the other spouse may try to claim an interest in it.
Monetary value versus sentimental worth
Family heirlooms often hold more sentimental than monetary value, but that doesn’t mean that they shouldn’t affect how a couple’s property division negotiations and/or litigation unfold. If an heirloom is determined to be marital property, a judge will consider its appraised value and may offset it by awarding other property to the other spouse to ensure a fair distribution in a contested situation.
Alternatively, spouses may be encouraged to reach their own agreement on who keeps what. When both parties have strong emotional attachments to an item, negotiation—rather than litigation—can lead to a more satisfactory outcome.
Because Illinois divorce law can be complex, and heirlooms often carry deep personal meaning, it’s important to work with a knowledgeable legal team if you have concerns about retaining your rights to one after your marriage ends. Making informed decisions is ultimately empowering, even when one’s circumstances are downright frustrating for a time.