Not all assets are treated equally in a divorce. Only assets acquired during the marriage are subject to division. These include assets such as vehicles, retirement contributions, income and real estate, among others.
On the other hand, separate property belongs solely to one spouse and is not up for division. Inheritances are generally considered separate property, even if you received them during the marriage. This means that you’re not automatically required to share them with your spouse.
That said, there’s a catch. How you handled the inheritance after receiving it matters just as much.
How to secure your inheritance
You’re more likely to keep the full value of your inheritance if:
- You kept it in an account under your name alone
- You did not mix it with marital money
- You did not use it for shared expenses
- You can clearly trace where the money came from
Remember, the assets you inherited can lose their protected status through commingling, or mixing them with marital funds in a way that makes it difficult to separate them. In such cases, they may be handled like any other marital assets.
It underscores the importance of record-keeping. If you can prove the funds came from an inheritance and remained separate, courts typically leave your personal stake out of the property division.
Seek professional guidance
Determining whether an inheritance stays protected isn’t always as straightforward. Small decisions like where you deposited money or how it was used over the years can have major consequences when it’s time to divide property.
Having qualified support can help you gather the right documentation and navigate the legal process to protect what’s rightfully yours and ensure a fair division of the marital estate.
