Call for an attorney consultation.
Epperson Law PLLC

Will my spouse get part of my inheritance in our divorce?

Let's say your marriage has been on the rocks for the last five years, but you stayed together for financial reasons. However, you recently received a $2 million inheritance and now you have the financial independence you need to break free. The worry is: Will your soon-to-be-ex-spouse get to take half of your inheritance money?

Everything depends on how you treat your inheritance money after receiving it. Generally, an inheritance will be immune from equitable distribution laws in North Carolina; however, there are some circumstances when they're not, and you will definitely want to avoid these circumstances if you don't want to share the money.

Circumstances under which an inheritance could be converted into "marital assets" -- thereby making the money divisible in asset division proceedings -- include the commingling of the inheritance funds within a joint bank account. If you deposit your inheritance money into a joint account that finances joint marital costs, then it will lose its protections from asset division. Furthermore, if you use your inheritance money to pay for joint marital expenses, like home improvements, then the spouses might be divided during the divorce.

Sometimes the law is not entirely clear on the matter of inheritances and divorce, and one spouse will do everything he or she can to get a piece of the other spouse's inheritance money during the divorce process. In order to avoid this lack of clarity, and safeguard your inheritance money, you might want to consider speaking with a North Carolina family law attorney to draft a postnuptial agreement. A postnuptial agreement is drafted during the course a marriage, and spouses can use them to define exactly whose assets are whose during their marriages.

Source: FindLaw, "Inheritance and divorce," accessed Jan. 26, 2017

No Comments

Leave a comment
Comment Information

Tell Us About Your Experience:

Why We Are The Firm You Want On Your Side
  • 24

    24/7 Access To Your Attorney

  • Honest

    Honest And Practical Advice

  • Aggressive

    Aggressive Advocacy

  • Regular

    Regular Status Updates

  • In-depth

    In-depth Knowledge of The Local Judicial System

  • Caring

    Caring Service For Your Difficult Family Law Issues

Email Us For A Response

From Start To Finish -Our Attorneys Will Be Here To Guide You Identifying good and bad decisions in difficult family law matters is what allows you to take the best possible steps forward. Protect what matters most with Epperson Law PLLC.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Weddington Office
13657 Providence Road
Weddington, NC 28104

Toll Free: 888-805-8163
Phone: 704-288-1359
Weddington Law Office Map

Boone Office
184 North Water Street
Boone, NC 28607

Toll Free: 888-805-8163
Phone: 704-288-1359
Boone Law Office Map