Skip to main content

If I am married, how do I set up and maintain a new bank account so that all the money in it is considered non-marital property?

Chicago, IL |
Attorney answers 3

Best Answer

If you are married you cannot designate an account as non marital unless:

1) all the funds put in it are from one or more inheritance received in your own name and NO other funds are put in it

2) all the money placed in it comes from gifts given to only you and no other funds are placed in it

3) It is important to understand that in Illinois all monies earned during a marriage a marital (there are some exceptions but this is the general rule).

4) Just because you decide to designate income as non marital funds does not mean it is.

5) Your spouse could agree that the money in non marital if you and he enter into a post marital agreement. THIS SHOULD BE DRAFTED BY AN ATTORNEY. Each party should have their own lawyer.

IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

J. Richard Kulerski

J. Richard Kulerski


Excellent answer.


The first step would be to establish an account in your name alone. The second step would be to place non-marital property into the account. Generally speaking only property you had prior to the marriage or were specifically gifted to you would be considered non-marital property. Any money or income you earn during the marriage through employment will generally be considered marital money. Also, if you took money you had before the marriage and placed it into a joint account with your spouse, the money may no longer have its non-marital characteristics. It would be best to talk with an attorney as to whether or not the property you wish to keep non-marital is actually non-marital. Whether or not property is marital or non-marital can be very fact specific.

Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.


If you received this money during the marriage, setting up a separate bank account prevents your husband from gaining access, but it is still marital unless it was a private gift or inheritance.