I can’t afford a divorce right now. If I file for a separation will it protect my inheritance if either of my parents pass away? Or does the separation only help if children are involved?
In nearly all cases, inherited assets are not considered "marital property" under IL law and will not be subject to division by the divorce Court, unless you comingle the inherited property with assets that you acquired during your marriage or put your spouse's name on it.
Based upon the limited information provided, a legal separation does not appear to be necessary to protect your inheritance from your spouse, if you act wisely. If you cannot afford to retain an attorney for a divorce, your most likely cannot afford the legal fees for a legal separation action, either. Both require similar work by an attorney.
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