What Happens to an Inheritance in a Divorce?

Accel Admin   July 28, 2015   Comments Off on What Happens to an Inheritance in a Divorce?
  • Under the law in New York, inheritances received during the marriage by one spouse are that spouse’s separate property and so at the time of divorce or separation, they are not part of the marital pot for equitable distribution purposes.
  • Certain situations may occur where the other spouse may argue that the character of that inheritance is in fact marital property.
  • That argument must be advanced to the court and possibly decided by the court as well.
  • Generally speaking, if you have an inheritance during the marriage and you keep it in a separate account in your own name and did not use it for marital purposes in any way, shape, or form, upon divorce you get to keep that inheritance separate from your spouse.