Can I Lose My Inheritance in a New Jersey Divorce?

Various complex issues surround divorces in the state of New Jersey, and property distribution is frequently one of them. If you have received an inheritance in the past and are now getting divorced, you are likely wondering whether your inheritance must be included in your divorce agreement. Please read on and reach out to our experienced New Jersey family law attorneys to learn more about how a divorce can impact an inheritance. Here are some of the questions you may have regarding how property is distributed in a New Jersey divorce and how it may affect your inheritance:

How is property distributed in a New Jersey divorce?

When a couple gets divorced, the courts will classify their property in one of two ways as either “separate property” or “marital property”. Separate property includes property that was acquired before, or outside of, a marriage, such as gifts, and, typically, inheritances. In most cases, separate property is not subject to equitable distribution. Marital property, however, includes most property acquired during a marriage, and is typically subject to equitable distribution.

Can I lose my inheritance in a divorce?

As previously stated, inheritances are generally considered separate property. However, there are times where inheritances can, in fact, be considered marital property. For example, if you received an inheritance and you deposited it into a jointly held bank account, there is a very good chance that New Jersey courts will consider it marital property, as it has been commingled with other marital property. In this case, you will most likely risk losing a portion of your inheritance to the equitable distribution process.

Can courts require someone to use their inheritance to pay spousal or child support?

Though seldom the first option, when someone falls behind on spousal support or child support payments, New Jersey courts will take action to enforce those support obligations. In this case, the court may require you to access your bank accounts and other assets you own, including your inheritance, in an effort to pay off any owed spousal or child support arrears. If you have any additional questions, or you believe that your inheritance is at stake, please do not hesitate to speak with our firm today. We are here to fight for what is rightfully yours.

Contact our experienced New Jersey firm

We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.

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