Dividing up assets during a divorce can be complicated, and understanding what happens to inheritances is often particularly challenging. This guide aims to clarify whether you or your ex-spouse might have a claim on any inheritances received during the marriage and whether these should be part of the divorce settlement.
Do Inheritances Get Shared in a Divorce?
1. Inheritance Received Before Marriage:
If you received an inheritance before getting married, it’s usually considered your separate property and not shared with your spouse in a divorce.
2. Inheritance Received During Marriage:
Inheritances obtained during the marriage are generally treated as marital assets, meaning they could be divided between spouses. This division can occur even if the inheritance was meant only for one spouse unless:
– The inheritance was kept in a trust, or there was a clear agreement that it shouldn’t be part of marital assets.
– It was used specifically for personal rather than marital purposes.
How Timing and Size of Inheritance Affect Claims
Inheritances received closer to the time of separation are less likely to be seen as marital property. Smaller inheritances used for personal needs are often not divided, unlike larger ones used for joint expenses like home improvements.
Inheritance Mixing
If inherited funds were mixed with joint accounts or used to enhance joint property, they are more likely to be considered marital property. Both parties can also claim any increase in property value due to the inheritance.
Impact of Divorce Type on Inheritance:
Uncontested Divorce
In a mutually agreed divorce, you can decide not to split certain assets, such as inheritances, allowing the inheriting spouse to keep them as separate property.
Contested Divorce:
In a divorce where spouses cannot agree, a judge will decide how to split assets, possibly considering any inheritances as shared property. The more contentious the divorce, the more likely the court will need to intervene in the inheritance division, which can complicate settling.
Particular Case: Ex-Spouse Named in the Will
If a will names an ex-spouse as a beneficiary, typically, this entitlement doesn’t continue after divorce unless the will specifically states otherwise. Divorce generally cancels out any gifts left to an ex-spouse, but it’s possible to design a will that maintains provisions regardless of marital status.
Should You Include Inheritance in a Divorce Settlement?
Inheritances received during marriage are usually considered marital assets and included in the settlement. However, there may be strategic reasons to handle them separately, such as:
– Limiting future legal disputes over the inheritance.
– Negotiating to keep a larger share of the inheritance by trading off other assets.
Getting Professional Help
Navigating inheritance during divorce involves complex legal and financial issues. It’s essential to seek advice from:
– Legal Professionals: They can define separate versus marital property, help understand your rights, and represent you during negotiations.
– Financial Advisors: They evaluate tax impacts and help ensure the settlement supports your long-term financial security.
Forensic Accountants can prove how the inheritance was used during the marriage, which is crucial in contested cases.
In conclusion, how an inheritance is treated in a divorce depends on when it was received, how it was used, and the specifics of the divorce proceedings. Professional guidance is crucial in making informed decisions that protect your interests and secure your financial future. If you’re selling a house after a divorce, consider reading our detailed guide for additional support.
