Inheritance laws during divorce vary by jurisdiction. Generally, if kept separate during marriage, inheritance is not shared. However, if shared, it may be considered a marital asset. Inheritance may also be factored into alimony and child support. It’s important to research laws and seek legal advice.
How you handle an inheritance during a divorce will likely depend on where you live. Each jurisdiction may have different laws when it comes to inheritance and divorce. In general, however, any inheritance money or property that was kept separate during the marriage is usually kept separate during a divorce. This means that your spouse is unlikely to be entitled to your inheritance during a divorce. If you kept the money in a joint account or shared the estate with your spouse in some other way, however, they may have a legal right to a share of it.
In many jurisdictions, an inheritance is considered a separate asset rather than a marital asset; you probably won’t be required to share your inheritance in a divorce until you’ve shared it during the marriage. It’s important to keep in mind, however, that there are many things that can be considered sharing. For example, if you inherit a house and your spouse helps with its maintenance, this may be considered sharing.
Your inheritance can also become a marital asset if you deposit it in a joint bank account or use it to pay for the marital home. You may also have to share a portion of your inheritance if you use some of it to fund a family vacation. If your spouse helped you pay the estate taxes, that could also entitle him to a share.
While it is possible to maintain a separate inheritance during a divorce, it can still be considered when it comes to alimony payments. A judge may take your heritage into consideration in determining whether you should pay alimony and how much should be ordered. Likewise, depending on the jurisdiction, it may be factored into setting child support.
Since inheritance laws during divorce can vary from jurisdiction to jurisdiction, you may do well to check the laws that govern your area before filing a divorce. In fact, you may decide to research these laws when you find out that you will be receiving an inheritance, even if your marriage is strong. That’s because divorce is a possibility, even in marriages that seem the most stable. If you’re sure you don’t want to share your inheritance with your spouse in the event of a separation, you may want to take steps to keep it separate throughout the entire marriage.
You may benefit from talking to a lawyer about handling an inheritance during a divorce. Inheritance and divorce laws can be complex and difficult to interpret. If you get sound legal advice, you may feel more confident about how things will be handled in divorce proceedings.
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