What Happens to My Inheritance in a Divorce?
Generally, one spouse’s inheritance will not be subject to equitable distribution, so long as that inheritance was not commingled with marital funds. If the inheritance is commingled with marital funds – or you used the inheritance for marital bills, to support the marital lifestyle – you could subject yourself to having that inheritance considered in equitable distribution. Generally speaking however, an inheritance that is kept segregated from the marital funds will not be subject to marital distribution. It will be considered if the party who received the inheritance has an alimony obligation because it would then be considered in assessing ability to pay either child support or an alimony award.