Gifts received by a spouse during a marriage are the non-marital property of the spouse receiving the gift. A gift can be from one spouse to another or from someone outside of the marriage to one spouse. At divorce, each spouse keeps their non-marital property, including all gifts that were received during the marriage.
Generally, items purchased with marital funds are marital property. But this rule does not apply to gifts. Therefore, gifts, such as holiday gifts, even if they were purchased with marital funds, are the non-marital property of the spouse receiving the gift. Also, wedding rings and engagement rings are gifts, provided the wedding actually happens and there is a marriage, and each spouse keeps their respective rings.
Identifying non-marital property is the first step in distributing marital property. Gifts from outside the marriage to a spouse, such as inheritance, are often identified. But gifts from one spouse to the other may be overlooked. It is critical to look at all property, and identify all gifts, so that marital property can be equitably divided.
The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County. Please contact one of our attorneys at (630)573-8585 if you have any questions or would like to schedule a free consultation.
