If you and your spouse get divorced, you do have to divide the assets that you earned or received during the duration of your marriage. These typically count as marital assets.
On the other hand, you may have separate assets, such as a house you purchased before the marriage or money that you had in a bank account and brought with you into the marriage. Often, you can retain these separate assets, and you don’t have to divide them.
But what if one of your biggest assets is an inheritance that you got from your parents? You were married at the time, but does that mean you have to give up half of your inheritance to your ex?
It may still be a separate asset
Often, a direct gift like this still qualifies as a separate asset because it was only intended for you and not your spouse. If your parents left you a check written only in your name, you may not need to divide that balance with your ex.
However, it’s important to know that you can commingle an inheritance by mixing it with other funds, sharing it with your spouse, giving them access to the account, or purchasing shared assets like a house or a business. If you commingle it, then the inheritance can become a marital asset—which means that you do have to divide it during a divorce.
In other words, this can be a complex and nuanced situation, and it’s crucial that you understand all of your legal rights.