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Are inheritances protected in Connecticut divorce proceedings?

On Behalf of | Jan 27, 2025 | Divorce

In Connecticut, the court divides property during a divorce using “equitable distribution.” This means the court splits property fairly, but not necessarily equally. Many people with significant assets wonder if inheritances stay protected.

How the court treats inheritances in Connecticut

To understand how Connecticut handles inheritances, you need to know how the court separates marital property from separate property. Typically, inheritances that one spouse receives remain separate property. However, the inheritance loses protection if mixed with marital assets or used in ways that benefit both spouses, like depositing it into a joint account or buying shared property.

Factors affecting inheritance classification in divorce

The court carefully examines how the inheritance was treated during the marriage. For example, keeping the inheritance in a separate account with only the inheriting spouse’s name usually keeps it separate property. On the other hand, depositing the funds into a joint account or using them for family expenses may cause the court to treat the inheritance as marital property that both spouses share.

When separate property can become subject to division

Connecticut courts consider factors like the length of the marriage and each spouse’s financial contributions. Even when an inheritance starts as separate property, the court may allocate part of it to the other spouse if fairness requires it. This often happens when the non-inheriting spouse depended on or benefited from the inheritance during the marriage.

To protect inheritances during a Connecticut divorce, take steps like keeping them in separate accounts, documenting the source of funds, or creating a prenuptial or postnuptial agreement. These actions help clarify ownership and reduce disputes.