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INHERITANCE AND DIVORCE

Money inherited by one spouse during a marriage is generally treated differently than other assets that are acquired before or during a marriage or divorce.

Typically, when one spouse receives money during a marriage, those funds are martial funds and subject to division upon divorce. However, with inheritances, whether both spouses are entitled to part of the money will depend on a number of different factors.

Mass. Gen. Laws ch. 208 §34 vests broad authority in judges of the Probate and Family Court to make equitable division of the property included in the marital estate of the divorcing parties. Pfannenstiehl v. Pfannenstiehl, 475 Mass. 105 (2016).

There are times when spouses enter into a marriage with some inheritance. If the inheritance is kept separate, under a separate title, or in a separate account, without commingling during the marriage toward the marital enterprise, the property should continue to be held only by the recipient of the inheritance without division. Commingling can occur in various ways, such as paying down credit cards that were used toward the martial partnership, purchasing furniture for
the joint household, or even just depositing some of those funds into a shared bank account.

Let HLG Help You

Inheritance issues can be tough to understand if you are facing a divorce, and it is best to consult an attorney prior to receiving the funds to assist you in protecting them; once utilized during the marriage, you could jeopardize protecting the funds fully. If the inheritance has already been distributed, it is important to know how to keep the funds separate and protected.

This post is not a comprehensive review of the myriad of issues that could affect your particular circumstance. If you would like to know more about inheritance and divorce, contact us to discuss your specific situation and how to protect your inheritance.

Written by: David Barrett, Esq. and Julie R. Hess, Esq.
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