Will My Investments Be Divided in My Illinois Divorce?

 Posted on April 14, 2026 in Property Division

Stocks, retirement accounts, brokerage accounts, and other assets you've built up over the years may feel like yours. Illinois law, however, may find that they’re divisible between you and your spouse.

If you're facing a divorce in 2026 and are worried about losing your property, a Glendale Heights divorce lawyer can help clarify what parts of your finances may be affected.

How Does Illinois Decide What Gets Divided in a Divorce?

Illinois is an "equitable distribution" state. That means marital property gets divided fairly, though not necessarily equally. The process starts by figuring out which assets are marital property and which are non-marital property.

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), marital property generally includes assets either spouse acquired during the marriage. It doesn't matter whose name is on them. Non-marital property typically includes whatever each spouse individually owned before the marriage. It also includes gifts or inheritances received individually during the marriage.

When it comes to investments, the key question is when they were acquired and with what money. An investment account you opened before the wedding using your own pre-marital savings may be non-marital property. However, if you kept contributing to it with money you earned throughout the marriage, the division becomes less straightforward.

What Happens to Investment Accounts and Retirement Funds in an Illinois Divorce?

Different types of investment assets are treated differently in an Illinois divorce.

Brokerage and Stock Accounts

If you opened a brokerage account during the marriage or funded it with income earned during the marriage, courts will likely treat at least a part of it as marital property. Even accounts that started as non-marital can become partially marital if the money you made during the marriage was mixed in. This is called commingling. It can make it much harder to argue that an account belongs entirely to one spouse.

Retirement Accounts

Retirement accounts like 401(k)s and IRAs are among the most contested assets in divorce cases. The portion of a retirement account that grew during the marriage is generally considered marital property. Dividing these accounts typically requires a special court order called a Qualified Domestic Relations Order, or QDRO, to avoid early withdrawal penalties and tax consequences.

Stock Options and Restricted Stock Units

If stock options or RSUs were granted during the marriage but haven't vested yet, courts have to figure out what portion is tied to work done during the marriage. Outcomes in these cases can vary.

It’s important to remember that with all of these investment types, even if you were the primary earner and the one investing, courts consider the impact that your spouse’s unpaid labor had on your ability to earn and invest that money. A spouse who stayed home to parent, for example, won’t just be written off during asset division in the divorce. The law recognizes that a person who sacrifices income so their spouse can work is also contributing to the household’s net worth.  

Can You Protect Your Investments Before or During Divorce in Illinois?

There are legitimate steps you can take to protect your financial interests, but it's important to approach them carefully and with legal guidance.

A prenuptial or postnuptial agreement is the clearest way to define which assets stay separate. If you don't have these going into a divorce, the focus shifts to documentation. Being able to show where money came from and when with account statements, records of pre-marital deposits, and inheritance paperwork can support a claim that certain assets are non-marital.

What you shouldn't do is try to hide assets, transfer them to someone else, or drain accounts before the divorce is finalized. Illinois courts do not take kindly to asset hiding or dissipation, and it can seriously damage your credibility and your case.

Call a Plainfield, IL Divorce Lawyer Today

If you have complex, high-value assets you’re worried about, talk to our Glendale Heights high-asset divorce attorneys. At The Law Offices of Robert F. Kramer, Ltd., we will guide you through every step of the process with the support and attention your case deserves. Call 630-785-2400 to schedule your free 30-minute consultation. Let our experienced, accomplished lawyers put more than 40 years of legal experience to work for you.