Inheritance and Divorce: What You Need to Know

 

Going through a divorce can be a difficult and emotional process, but it can become even more complex when there are inheritances involved. The division of assets can be a contentious issue in any divorce, but it can become even more so when one or both parties have inherited property or assets. Inheritances can often be deeply personal and sentimental, which makes them difficult to divide. It's important to understand your legal rights and obligations when it comes to inheritance and divorce. In this blog post, we will explore the topic of inheritance and divorce, and provide you with some useful information that can help you navigate this challenging situation.

 

When it comes to divorce, the division of assets is typically based on the principle of equitable distribution. This means that marital property, which is property that has been acquired during the marriage, is divided fairly between the parties. However, inheritance is treated differently under the law. In general, inheritance is considered separate property, which means that it belongs to the individual who received it and is not subject to division in a divorce. This is true regardless of whether the inheritance was received before or during the marriage.

However, there are some exceptions to this general rule. For example, if the inheritance has been commingled with marital property, it may lose its status as separate property and become subject to division. This can happen if the inheritance is used to purchase a marital asset, such as a house, or if it is placed in a joint bank account. Additionally, if the non-inheriting spouse contributed to the maintenance or improvement of the inherited property, they may be entitled to a portion of its value.

Another important factor to consider is the timing of the inheritance. If the inheritance was received after the filing of the divorce, it is generally not subject to division since it was not acquired during the marriage. However, if the inheritance was received during the marriage but before the divorce was filed, its treatment may depend on the state laws regarding pre-marital property. Some states have different rules when it comes to the division of pre-marital property, and it's important to understand these rules in order to protect your interests.

It's also important to note that inheritance can have an impact on spousal support payments. Since inheritance is not considered income, it generally cannot be used to calculate spousal support payments. However, if the inheriting spouse uses the inheritance to generate income, such as by investing it in a rental property, that income may be considered when calculating spousal support payments.

 

Conclusion

Divorce is a difficult process, and it can become even more complicated when inheritances are involved. While inheritances are generally considered separate property and not subject to division in a divorce, there are exceptions to this rule. It's important to understand your legal rights and obligations in order to protect your interests and ensure a fair outcome. If you are going through a divorce and have questions about inheritance and divorce, it's important to seek the advice of an experienced international divorce attorney in Orlando, FL. Contact Ilvento Law today to learn more about how we can help you navigate this challenging situation.