Legal Question in Family Law in Pennsylvania

Re: Inheritance in divorce settlement

The legal term for the division of marital property in a divorce is "equitable distribution". Property acquired by bequest, except between spouses, is not considered marital property in Pennsylvania and thus not subject to equitable distribution. However, any increase in value of that property during mariage would be marital property. Additionally, if the bequest is commingled with marital monies, it may not longer be identifiable for equitable distribution purposes. Finally, should the bequest to one spouse put that spouse at an economic advantage over the other spouse following divorce, the non-inheriting spouse may be granted a larger share of the rest of the marital assets on a "need" basis. It is possible to protect a bequest of family monies that are intended to stay within the family line with a post-nuptial agreement, should this be a concern. Consult with an attorney in your area.

I wish you the best.

Ilene Young

Ilene Young, Esquire/ Civil & Family Practice

215-444-0445

As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.