What Happens to Jewelry and Other High-Value Items in an Illinois Divorce?

 Posted on August 31, 2026 in Property Division

What Happens to Jewelry and Other High-Value Items in an Illinois Divorce?

Collections of items that have been built up over years, such as jewelry or art, can be worth a great deal of money. Not only that, but many people are emotionally attached to the pieces themselves. It can be hard to accept that pieces might be split between spouses, especially if one of them cares significantly more about the items than the other.

How this kind of division actually happens depends on the individual divorce case. Whether items will be divided at all depends on when and how they were acquired. If keeping a collection together is very important for one spouse, the spouses may agree that the person can keep it. However, the other spouse will need to be compensated with other valuable assets to create a fair division.

If you're worried about what happens to these items in your divorce, a St. Charles, IL asset division lawyer can help you understand your options in 2026.

Is Jewelry Considered Marital Property in Illinois?

Whether something like jewelry is considered the property of both people depends on when and how you got it. Under the Illinois Marriage and Dissolution of Marriage Act, marital property generally includes anything acquired by either spouse during the marriage (750 ILCS 5/503). There are some exceptions, though. Property you received as a gift is usually treated as non-marital and stays with the person who received it.

An engagement ring given before the wedding, for example, is typically treated as a gift and considered non-marital property because it was received before the marriage. Jewelry bought together during the marriage is different and likely to count as part of the marital estate. However, jewelry given to one spouse as a personal gift could be also treated as that spouse’s non-marital property. The facts and evidence can make a huge difference.

How Do Illinois Courts Decide Who Keeps High-Value Items in a Divorce?

Marital property in Illinois gets divided fairly, though not necessarily equally. A judge looks at several factors when dividing marital assets. These include each spouse's financial situation, each spouse's contributions to the marriage, and how long the marriage lasted.

For a single high-value item like a piece of jewelry, one spouse often keeps the item. The other spouse then receives something of comparable value from the marital estate to balance things out. If there are multiple pieces, it's possible that a court will split them between spouses unless one spouse is compensated for their share of the value with other assets.

Do You Need to Get Jewelry or Art Appraised During an Illinois Divorce?

If an item is valuable or the spouses disagree about its value, a professional appraisal can help. An appraisal is valuable for both the spouse who wants to keep the piece (or pieces) and the spouse who needs to be compensated with other assets.

Items that commonly need an appraisal in a high-asset Illinois divorce include:

• Fine jewelry and loose gemstones

• Watches and designer accessories

• Art and antiques

• Collectibles, including coins or memorabilia

• Furs and other specialty items

Insurance riders, purchase receipts, and past appraisals can all help establish value and ownership if there's a dispute over an item.

Can an Illinois Pre- or Postnup Affect Who Keeps High-Value Items?

A prenuptial agreement signed before the wedding can change how property is divided. It can specify in advance that certain items stay with a particular spouse no matter what happens later. Family heirlooms, jewelry, or art collections are common examples. Courts generally enforce these agreements as long as they meet the legal requirements. Some couples also address specific items in a postnuptial agreement after the wedding, which can work in a similar way.

If you do not have a valid prenuptial or postnuptial agreement that covers the property, the usual rules under the Illinois Marriage and Dissolution of Marriage Act apply.

Call a Kane County, IL High-Asset Divorce Lawyer Today

Dividing jewelry and other valuable property can be emotional and contentious. Our lead attorney is a trained mediator who can help spouses resolve property disputes when possible. If an agreement cannot be reached, we are ready to protect your interests in court.

Our St. Charles, IL asset division attorneys offer free consultations so you can begin preparing for property division in your divorce. Call Shaw Sanders, P.C. at 630-584-5550 today to schedule yours.