Unlike retirement savings accumulated during your marriage or a home you bought together, an inheritance is often tied to a parent, grandparent, or other loved one who is no longer here. For many women, it represents more than money. It can represent family history, memories, and a sense of responsibility to preserve what was passed down to them.
That’s why many women ask: If I inherited money during my marriage, does my ex-spouse get part of it in a divorce?
The answer is more complicated than a simple yes or no. Inherited assets may be viewed differently from assets accumulated during the marriage, but every situation is different. Factors such as commingling, how the inheritance was used, any marital agreements, and Connecticut's approach to property division can all affect how it may be treated.
In other words, an inheritance may remain separate in some situations, while in others it may be considered along with other assets in the divorce.
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Is an Inheritance Considered Separate Property in Divorce?
Possibly. If an inheritance was kept in a separate account, was not mixed with marital assets, and good records were kept, it may be easier to show that it remained separate.
Even then, there is no one-size-fits-all answer. How an inherited asset may be treated can depend on the specific circumstances and state law, so keeping an inheritance separate does not automatically determine what will happen in a divorce.
How Commingling Can Affect an Inheritance in Divorce
One issue that can arise during a divorce is commingling, which occurs when separate assets become mixed with marital assets.
For example:
- Depositing inherited funds into a joint checking account
- Using inherited money for home renovations
- Paying household bills with inherited assets
- Combining inherited investments with shared accounts
- Adding a spouse's name to inherited property
None of these actions automatically determines what will happen to an inheritance in a divorce. However, they can make it more difficult to distinguish between what was originally inherited and what became part of the couple's shared financial life.
For women who received an inheritance years ago, it can be difficult to trace exactly what happened to the money or property.
Why Documentation Matters for Inherited Assets in Divorce
If inherited money was commingled with marital assets, it can be harder to track. That is one reason keeping records can matter.
Helpful records may include:
- Account statements showing where the inherited money was held
- Inheritance or estate paperwork showing when the asset was received
- Records of transfers between separate and joint accounts
- Documents showing whether inherited money was used for a home, renovations, or other shared expenses
- Property records if inherited funds were used to buy or improve real estate
Having these records organized can make it easier to follow the history of the inheritance.
📌 Learn more – Understanding Your Finances While Considering a Divorce
How Connecticut Divorce Rules Can Affect Inherited Assets
Connecticut follows an equitable distribution approach, meaning property is divided based on what the court considers fair rather than automatically split 50/50.
While inherited assets are often viewed differently from marital assets, Connecticut courts have broad discretion when dividing property in a divorce. That means there isn't one answer to how an inheritance will be treated in every case. In some situations, inherited assets may be considered when determining a fair property settlement.
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How an Inheritance Fits into Your Divorce Settlement
It's natural to focus on an inheritance during a divorce, especially when it has sentimental value. But even if preserving an inheritance is important, it may not always make sense to prioritize that asset above retirement accounts, cash reserves, or long-term income needs.
That is why it can help to view the inheritance as part of the bigger picture. Questions to think about may include:
- Will you have enough savings available for near-term expenses?
- How will divorce affect your retirement assets and future income?
- Will you need to buy a new home or adjust your housing budget?
- Do you have enough emergency savings?
📌 Learn more - 3 Financial Trade-Offs to Consider in a Divorce Settlement
Planning for Life After Divorce
Understanding how an inheritance may be treated in divorce is important. But it's only one part of post-divorce financial planning.
As you make decisions about the future, it can help to consider inherited assets alongside retirement planning, housing, taxes, cash flow, and your long-term goals.
If you are looking for guidance as you navigate the financial side of divorce, we’re here to help. You can schedule a complimentary introductory meeting with our team in Glastonbury or Wilton, CT to discuss your situation and your broader post-divorce financial plan.
Have a quick question instead? Send us a note.
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Kelsey Conklin is a CERTIFIED FINANCIAL PLANNER® professional and Certified Divorce Financial Analyst® professional who helps individuals and families plan for their financial future. Based in Glastonbury and Wilton, CT, she also specializes in financial planning for women, guiding her clients through divorce, widowhood, career transitions, caregiving responsibilities, retirement planning, investing, and managing longevity risks. As a female financial advisor, Kelsey is passionate about financial empowerment for women and provides personalized financial strategies designed to help women take control of their wealth with clarity. Whether you’re navigating major life changes or planning for retirement, she is committed to providing guidance tailored to your goals. Schedule a complimentary Women and Wealth introductory meeting with Kelsey and start building a financial plan designed for you.
This information has been obtained from sources considered to be reliable, but we do not guarantee that the foregoing material is accurate or complete, it is not a statement of all available data necessary for making an investment decision and it does not constitute a recommendation.
Raymond James and its advisors do not offer tax or legal advice. You should discuss any tax or legal matters with the appropriate professional. Prior to making an investment decision, please consult with your financial advisor about your individual situation. Any opinions are those of the author, and not necessarily those of Raymond James. Expressions of opinion are as of this date and are subject to change without notice.