The idea that one spouse’s inheritance is exempt from property division in divorce is a long-standing and prevalent myth. While this might sometimes be the case, family law in many states give spouses the right to a share of the other’s inheritance money in certain circumstances. Below is an overview of how Connecticut treats inheritance funds in a divorce.

Dividing Inheritances in a Divorce

Property Division Under Connecticut Law

Unlike many other states, Connecticut family law gives judges broad discretion in deciding how property is divided. When making these determinations, the court will consider a wide range of factors, including the duration of the marriage, the contributions of each spouse, and their future earning prospects. While the judge may decide that the spouse who received the inheritance should keep it all, they may elect to transfer part or all of it to the other party. When the spouse received the inheritance and how it was used may also play a role in deciding how it should be divided.

Commingling Assets

While courts may generally treat inheritances with special consideration, those funds may become part of the marital estate if they are commingled with marital assets. For instance, if the money is deposited into a joint account or used to purchase assets for the benefit of both parties, the court will likely consider it part of the estate. Even if the inheritance predates the wedding, the other spouse may be able to claim part of it if the funds were commingled with other marital assets.

If you’re going through a divorce in Litchfield County, CT, The Law Office and Mediation Center of Jeannine M. Talbot will guide you through the process and help you understand your rights. Attorney Jeannine focuses exclusively on family law cases, bringing a compassionate approach designed to resolve these difficult situations as quickly and easily as possible. Visit her online for a closer look at her family law services, or call (860) 482-9004 to arrange a consultation.