Legal Question in Family Law in New York
Inheritance in a divorce.
I have recently been told that any inheritance one spouce receives during their marriage can not be touched in a divorce settlement. My question is: Is this true, and does it also apply to any profit or interest that the inheritance might have generated during the marriage? For example,if stocks doubled in value would only the original inherited value be protected?
Thanks for any help.
2 Answers from Attorneys
Inheritance & divorce
There are two economic area that relate to this inquiry.
Equitable Distribution: Inheritance remains seperate if not mixed with assets of the married parties. Income from the inheritance similary remains seperate if not mixed and the spouse had nothing to do with the increase in value (an factual investigation would be needed).
Support: The inheritance would be considered in the ability to maintain ones lifestyle and ability to pay or receive spousal and child support.
As always: CONTACT AN ATTORNEY FOR A FULL DISCUSSION.
Re: Inheritance in a divorce.
Geenrally separate property remains separate property. As for the appreciation in value, inquiry must be made as to the reason and source of the appreciation. In your example, if the appreciation was solely the result of market forces, then it probably would remain separate property.
Daniel Clement
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