Inheritances

Unlike many other states, Connecticut does not recognize inheritances as the “separate property” of the inheriting spouse. In Connecticut, inheritances, regardless of how the asset may be titled, or how and when it may have been acquired, is subject to division in a divorce.

That said, under the principles of “equitable distribution” law, Courts are not required to divide assets on a 50/50 basis between divorcing spouses. Rather, courts have the discretion to distribute assets in whatever manner the Court deems fair and, in determining fairness, court’s may consider how a particular asset was acquired.

Accordingly, while any inheritance that you have received will not necessarily be “safe” in a divorce, there is a chance that a Court, fashioning a fair distribution of your marital estate, would award you a greater portion, or potentially all, of your inheritance. In determining what portion of your inheritance, if any, will be awarded to your spouse, a Court would look at a variety of factors, which would likely include the length of your marriage, when during your marriage you received the inheritance, whether the inheritance was kept separately from other assets or commingled with other assets, and what percentage of the overall marital estate your inheritance represents.