Are you going through a divorce and concerned about losing non-marital funds you spent toward a marital asset? Conversely, are you concerned about losing marital funds which were spent toward your spouse’s non-marital asset? Simply because the funds were already spent or commingled does not mean that they cannot be recovered. Under Illinois law, when one party’s non-marital assets contribute to the marital estate or other party’s non-marital estate, or when marital assets are contributed to the other party’s non-marital estate, it is often possible to recover those funds. The court must look at factors such as whether the commingled funds have lost their identity and been transmuted to the receiving estate, and if so, whether they are traceable by clear and convincing evidence.
The attorneys at Collins Family Law have significant experience in determining whether you may be able to recover funds under such a scenario and the proof necessary to assert your rights in doing so. We also defend such claims in order to ensure that you do not give up assets that are rightfully yours.