Inherited wealth in high-asset divorce

Inherited wealth in high-asset divorce

On Behalf of | May 20, 2024 | divorce

In high-asset divorces in Pennsylvania, inherited wealth can become a contentious issue. Understanding how the courts handle inherited assets can help protect your financial interests.

Classification of inherited wealth

In Pennsylvania, inherited wealth is typically considered separate property. This means it belongs solely to the inheriting spouse and is not subject to division in a divorce. However, there are exceptions. Commingling inherited assets with marital assets may cause them to lose their separate property status. For example, if someone deposits an inheritance into a joint bank account or uses it to purchase a family home, it could be considered marital property.

Protecting inherited assets

To safeguard inherited wealth, it’s essential to keep it separate from marital assets. Keep separate accounts for inherited funds. Don’t use these funds for marriage expenses or investments. Also, a prenuptial or postnuptial agreement can say how inherited wealth is treated in a divorce. This provides more protection.

Impact on spousal support

While inherited wealth itself is not divided, it can influence spousal support decisions. The courts consider the financial circumstances of both parties when determining support payments. A spouse with substantial inherited assets may have increased financial security, potentially affecting the amount and duration of spousal support awarded.

Navigating the complexities

Inherited wealth in high-asset divorces involves navigating complex legal nuances. Properly managing these assets is crucial. By understanding the impact their divorce will have on their inherited wealth, individuals can better protect their money. This proactive approach helps to preserve and appropriately manage inherited wealth in the face of marital dissolution.