When your parents passed away, they left you a significant sum of money. You were already an adult, you were married and you had your own career, so you did not need the money immediately. But you know that it is enough that you now have the freedom to retire whenever you want. It gives you a significant safety net.
The trouble is that you and your spouse have decided you are going to get a divorce. Your spouse believes that they also have a right to that inheritance and that it needs to go through property division. You believe that your parents left the inheritance to you, and you want to keep the entire fund for yourself. How will it be handled?
Were the funds commingled?
There are a few different things to consider. To begin with, inherited funds often start as separate assets. If your parents gifted the money to you directly, you may be correct that it should stay with you, even through the divorce.
But if you shared that money with your spouse, that can change things. Maybe the two of you purchased marital assets with it or used some of the money to pay the bills. Maybe you put it in a joint investment account or savings account with other marital funds.
If you commingled the money like this, doing so can change its status so that it becomes a marital asset. In that case, your spouse may be correct that they also have a claim to at least a portion of the inheritance in the divorce.
Sorting out the financial details can be complicated, and disputes over separate and marital assets are very common. When you are talking about a substantial amount of wealth, it is critical that you understand exactly what legal options you have.
