Is My Spouse Entitled to My Inheritance in Divorce?

When divorcing, dividing assets can be a tedious process. Generally, both spouses are entitled to assets acquired and income earned during a marriage. This money is considered marital property and is subject to equitable division.

The law in Rhode Island related to division of assets specifically excludes inherited property. However, after a person receives inherited assets they could either intentionally or unintentionally make that asset part of the marital state.

For instance, if after the receipt receipt of inherited monies you then place them into a joint marital bank account and thereafter utilize those monies together with your spouse, then the monies will likely be considered part of the marital state. The theory being that you showed an objective intent to share the money with your spouse.

So while inherited assets are generally not subject to division, the actions of a party after receipt can make non-marital monies marital.

For difficult to navigate divorce situations like this, you need an experienced Rhode Island divorce attorney to help you during this difficult time. Contact our office today so we can protect your interests and help you reach a fair agreement.