18 Oct Inheritance and Divorce

Inheritance and Divorce

If you or your spouse has received an inheritance, then the inheritance may become an issue of contention in your divorce.  Whether or not the inheritance is 100% the property of the spouse who received it is a simple question with a complicated answer.  Just to make things a little more clear, in this article we will call the spouse who received the inheritance the “heir.”

If the inheritance was received before the date of marriage, then the heir may or may not get to keep all of the inheritance.  If the inheritance was commingled with marital assets after the marriage date, then it may have become a marital asset subject to equitable distribution.  If the inheritance was, for example, a house and both spouses moved into the house after marriage, then it may have become marital property.  However, if the inheritance was totally kept separate from the other spouse after marriage then it is most likely a pre-marital, 100% asset of the heir.  An example of it being totally separate would be if it was in a bank account that was never used for marital purposes.

If the inheritance was received during the marriage, then the heir may or may not be able to keep all of the inheritance.  The answer depends on whether or not the inheritance was used for marital purposes, and whether it was commingled with marital assets.  For example, if the inheritance was deposited into the parties’ joint bank account, then it is less likely the heir will get to keep the inheritance.  However, if the inheritance was kept in a separate bank account that was never used for marital purposes, and never had marital assets added to it, then it is more likely the heir will get to keep the inheritance.

If one spouse is named in another person’s will, but that person is still alive, then the other spouse usually does not have a claim to the possible future inheritance. If you are the heir, you may want to file for divorce immediately if you have concerns.  If the person who named you as an heir passes away, then the inheritance could come into play in the divorce.

The bottom line is that inheritances depend on the exact, unique circumstances of each case.  Even then, different judges may make difference decisions even if the facts were identical.  An experienced divorce attorney such as Mr. Radeline, who is a Board Certified Divorce Expert, can help you maximize your potential for a positive outcome in your divorce.  Contact us now at 727-785-1540 for more information on how we can help you during this difficult time in your life.

FAQ on Inheritance and Divorce:

Can my spouse get half of my inheritance?

It depends on a number of issues that may or may not exist in your unique case.  If the inheritance was mixed with marital funds or used for marital purposes, it is more likely that your spouse can get half of it.  If it is kept separate, then it is less likely your spouse can get half of it.  There is no way to answer the question properly without knowing all of the facts of your situation.

Am I entitled to half of my spouse’s inheritance?

It depends on a number of issues that may or may not exist in your unique case.  If the inheritance was mixed with marital funds or used for marital purposes, it is more likely that you can claim it is a marital asset that should be split with you.  If it is kept separate, then it is less likely you will be able to have a claim to the inheritance.  There is no way to answer the question properly without knowing all of the facts of your situation.