Dividing assets during a divorce is often a complicated process. If you received an inheritance, you might wonder if the divorce will affect it. In Massachusetts, whether you lose your inheritance in a divorce depends on multiple different factors.
Understanding marital property in Massachusetts
Massachusetts follows an “equitable distribution” system for dividing assets during a divorce. This means that property is divided in a way the court considers fair, though not necessarily equal. Marital property includes assets and income acquired during the marriage, but the court also looks at individual assets, including inheritances.
When inheritances remain separate property
You are more likely to keep your inheritance if it remains separate from your marital assets. For example, if you received money or property and kept it in an account solely in your name, or if the inherited property wasn’t used for joint purposes, the court may treat it as separate property. Keeping clear records of the inheritance and how it has been used is important.
When inheritances become marital property
Inheritances can become marital property if they are commingled with joint assets or used to benefit the marriage. For instance, depositing inheritance funds into a shared account or using them to buy a family home can make the inheritance part of the marital estate. When this happens, the court may include the inheritance in its division of assets.
Factors the court considers
When deciding how to handle an inheritance, the court looks at factors like the length of the marriage, how the inheritance was used, and each spouse’s financial needs. Even if the inheritance remains separate, it might still influence the court’s decisions about dividing other marital property or awarding support.
In a divorce, whether you lose your inheritance depends on how you handled it during the marriage and how the court evaluates your situation. Protecting your inheritance often requires careful financial management and clear documentation.