Can a Will or Trust Encourage Divorce in Illinois?

January 12th, 2026 by Tiffany Hughes

In the realm of Illinois family law, estate-planning tools such as wills and trusts often intersect with the sensitive dynamics of marriage and divorce. A lesser-known issue arises when someone questions whether a will or trust provision could incentivize or encourage divorce—and whether such provisions are legally enforceable in Illinois. Understanding this intersection is crucial for anyone involved in divorce, inheritance issues, or marital-property disputes

What Is the Difference Between a Will and a Trust?

A will is a legal document that instructs how a person’s assets and property should be distributed upon their death.

A trust is a legal arrangement where assets are held by a trustee for the benefit of one or more beneficiaries. Trusts are often used to avoid probate, control asset distribution, and provide ongoing support to beneficiaries.

Both wills and trusts play major roles in estate planning and frequently appear in Illinois divorce cases, especially when parties dispute inheritance, marital assets, or financial motivations connected to the marriage.

How does Divorce Impacts Wills, Trusts, and Marital Property in Illinois?

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is subject to equitable distribution during a divorce. This means:

• Marital assets (generally those acquired during the marriage) are divided fairly—not necessarily equally.
• Non-marital assets include property owned before marriage or acquired by gift or inheritance.

Because estate planning often involves gifts, inheritances, and financial distributions, wills and trusts frequently become relevant during divorce litigation.

Is a Will or Trust Valid if It Is Contingent Upon Divorce?

Illinois law strongly disfavors will or trust provisions that encourage, reward, or require divorce.

The IMDMA expressly seeks to:

“strengthen and preserve the integrity of marriage and safeguard family relationships.”
— 750 ILCS 5/102(2)

Any provision in a will or trust that conditions inheritance on divorcing a spouse—or is intended to push someone toward ending their marriage—will almost certainly be deemed unenforceable.

Under Illinois public policy, a will or trust may be voided if it:

“is injurious to the interests of the public, contravenes some established interest of society, violates some public statute, is against good morals, tends to interfere with the public welfare or safety, or is at war with the interests of society or is in conflict with the morals of the time.”
Vine Street Clinic v. HealthLink, Inc., 222 Ill. 2d 276 (2006)

Forcing or manipulating someone into a divorce violates public policy and the state’s interest in preserving marriage.

The Only Exception: When Support Is Not Contingent on Divorce

The Illinois Supreme Court recognized a narrow exception in:

In re Estate of Gerbing, 337 N.E.2d 29 (Ill. 1975)

A provision may be valid if the dominant intent is to support the beneficiary should they choose to divorce, rather than to induce a divorce.

Example:
A parent leaves assets to a child “in the event they ever divorce,” not to push them toward it, but to provide a financial safety net if they independently choose to end the marriage.

The key distinction:
Supportive, not conditional.
Available, not incentivized.

Seeking Legal Guidance for Invalidating a Will or Trust

The overlap between estate planning and Illinois family law can be complex. Individuals who are:

• concerned about whether a will or trust influences marital decisions,
• seeking to invalidate a will or trust based on public-policy violations, or
• navigating the financial impact of inheritance during divorce

should consult an attorney versed in both Illinois estate law and matrimonial law.

A knowledgeable attorney can analyze:

• whether the provision violates public policy,
• whether the will or trust remains enforceable,
• whether inheritance is characterized as marital or non-marital property, and
• the impact of the IMDMA on your specific situation.

A clause that conditions inheritance on divorce will almost always be considered void in Illinois, but each case requires a careful factual and legal review.

Need More Information or Representation?

If you or your spouse are beneficiaries of a will or trust that forces, encourages, or financially incentivizes divorce, contact The Law Office of Tiffany M. Hughes, P.C. today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation, or email Tiffany Hughes directly at TiffanyHughes@thugheslaw.com.

Our practice focuses exclusively on Illinois family law, including:

• divorce and allocation of parental responsibilities
• the intersection between inheritance and marital property
• challenges to wills or trusts in divorce litigation
• analysis of non-marital vs. marital assets
• understanding the effects of the Illinois Marriage and Dissolution of Marriage Act
• protecting clients whose spouse receives or expects inheritance

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

—

This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.