Connecticut’s equitable distribution laws in divorce cases do not automatically protect inheritances. Depending on the circumstances, the court may consider an inheritance marital property and divide it during the divorce process. Whether inherited assets remain separate property depends on how you handled them during your marriage. If you commingled any of those assets with marital funds or used them for marital purposes, the court may split those assets during divorce. Even if you have not commingled these assets, the court may still find the circumstances warrant division at the time of a divorce.
An experienced Hartford divorce and inheritance lawyer can help you understand how to protect your inheritance during divorce. Developing the right strategy will make a difference, and one of our knowledgeable divorce attorneys at Dolan Divorce Lawyers, PLLC, can guide you through the process.
Connecticut divorce law requires equitable distribution of marital property as part of a divorce. Marital property generally includes assets either you or your spouse acquired before or during the marriage, with most separate property only being determined by a prenuptial or postnuptial agreement. In Hartford, courts divide assets, including inheritance, to ensure that both spouses leave their marriage with a fair financial outcome.
The property distribution system in divorce cases follows an equitable scheme that encompasses all property. The law can consider all property in the estate of either spouse as marital property for division under Connecticut General Statutes § 46b-81, though this is not automatic. While most other states segregate inheritances and gifts from the marital estate, Connecticut courts can include those assets when considering redistribution as part of your divorce judgment.
When determining how to fairly divide the assets of your marriage and whether your inheritance remains separate, judges consider several factors.
If you inherit assets early in a long marriage, the court is more likely to include those in marital property than assets you inherit near the end of a short marriage. A court may also consider whether the other spouse previously received an inheritance that was spent during the course of the marriage or whether the other spouse may have an expectancy to receive their own future inheritance.
If the inheritance is substantial relative to the marital assets, equity could favor its distribution. If it is small compared to the marital estate, it could be more likely to remain separate.
Inherited assets you used to support your family during marriage are more likely to be subject to division. If you kept them separate from marital funds, they might remain separate.
Different assets affect division. Financial accounts are easier to divide than family heirlooms, while selling inherited real estate can be complex and time-consuming. A court might choose to keep inherited real estate with the beneficiary, but could offset part of the value in the division of other marital assets.
Couples may agree to keep inherited assets separate through legally enforceable prenuptial or postnuptial agreements. An attorney would enforce the validity of such an agreement.
If you are contemplating divorce in Hartford, consult an attorney from our firm who specializes in inheritance distribution to review your financial picture and safeguard your rights as well as any inherited assets you own.
Equitable distribution in divorce cases can sometimes involve inherited assets, and whether the court divides your inheritance during your divorce proceedings will depend on several important factors. To protect your inheritance while determining an equitable distribution, speak with a Hartford divorce and inheritance lawyer from our firm who can help you work toward a favorable outcome. Contact Dolan Divorce Lawyers, PLLC, today to schedule a consultation with a member of our team.
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