In Illinois, If I remarry the same person, are assets divided in the first divorce marital again?

After years of practicing family law in Chicago, IL, I’ve come to find that remarrying the same person is far more common than you’d think.  Divorcing that same person a second time is also common.

The division of assets from the first divorce means all those assets are respectively non-marital. 750 ILCS 5/503(a)(5) specifically contemplates this in declaring that “any judgment or property obtained by judgment awarded to a spouse from the other spouse” is non-marital.

But what usually happens is that non-marital property becomes “commingled,” or combined with marital property and becomes entirely marital. This usually happens via purchasing new property together with non-marital funds. 750 ILCS 5/503(c)(2) states that “If marital and non-marital property are commingled into a newly acquired property resulting in a loss of identity of the contributing estates, the commingled property shall be deemed transmuted to marital property.”

The fact that you put non-marital funds into a marital account, and thus “commingled” them, does not automatically change everything into marital property. You would need to give detailed information to your attorney about the “history” of these non-marital funds.