A divorce certainly can affect an inheritance that you have already received from your parents, as it may be one of the more substantial financial assets that you own. But exactly how it is addressed will depend on a number of factors.
For one thing, your inheritance may initially be a separate asset. Since it is not a marital asset, this means it does not automatically go through property division. You may simply get to keep the entire inheritance, even though you have to divide other marital assets, such as your income, earnings, investments, real estate, savings and much more.
However, if you commingled the inheritance by mixing it with other marital assets or sharing it with your spouse after you received it, that may mean it now qualifies as a marital asset. It then has to go through property division, so your spouse may be entitled to at least a portion of the inheritance.
How can you protect your inheritance?
If you are worried about divorce, one way to protect the inheritance is simply to keep it separate the entire time that you own it. If it is a financial inheritance, for instance, keep it in a personal bank account, rather than depositing it in the joint account you share with your spouse.
Another potential option is to use a prenuptial or postnuptial agreement. This agreement can clearly define the inheritance as something that you own personally, keeping it out of property division if you do wind up getting divorced.
These types of financial issues are a common cause of conflict, especially in high-asset divorce cases where the inheritance is incredibly valuable. If you find yourself in this position, an experienced family law attorney can help you carefully consider your options.
