Your Legal Guide Through Life’s Twists And Turns

3 tips to protect your inheritance during divorce

On Behalf of | Mar 8, 2024 | Divorce

Divorce can have significant financial implications. Amidst your asset distribution, what happens to your inheritance? The fate of your inheritance depends upon several factors, including any measures you take to protect it.

There are 3 ways you can safeguard your inheritance.

1. Keep your inheritance separate

One of the most effective ways to protect your inheritance is to keep it separate from marital assets. This means avoiding commingling your inherited funds with joint bank accounts or using them to purchase shared property. By maintaining a clear separation, you can demonstrate that the inheritance is individually owned and should not be subject to division during a divorce.

2. Document the source of the funds

Proper documentation is beneficial when it comes to protecting your inheritance. Keep detailed records of when you received the inheritance, the amount and the source of the funds. This documentation can serve as evidence that you received the assets outside of the marriage and they should remain separate property.

3. Consider a postnuptial agreement

If you receive an inheritance during your marriage and want to ensure its protection, consider creating a postnuptial agreement. This legal document, signed by both spouses, can outline the handling of inherited assets in the event of a divorce.

Remember, every financial situation is unique. Exploring your options will help you make an informed decision about the best solution for your specific circumstances. Protecting an inheritance during a divorce is an important consideration for many individuals. Preserving your inheritance can protect you from significant financial struggles as you transition to a single-income household.


FindLaw Network