Inherited Assets Are Subject to Division By the Divorce Court

Under New Hampshire law, all property acquired through and including the date of divorce is part of the marital estate and subject to division. Accordingly, the divorce court has the authority to divide an inheritance received by only one spouse during the marriage. This is true even for assets that are inherited after separation or the filing of a divorce petition. In one such case, the attorneys at Hamblett & Kerrigan successfully advocated for the divorce court to divide an inheritance received by the opposing spouse eight months after the filing of the petition for divorce.

When deciding whether it will divide an inherited assets, the divorce court considers a variety of factors, including but not limited to the age of the parties, the length of the marriage, the overall value of the marital estate, each spouses' contribution during the marriage, each spouses likelihood of acquiring income and assets after the divorce, the health of the parties, etc.

If you have any questions regarding whether an inheritance is subject to division, please contact an attorney at Hamblett & Kerrigan for a consultation.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Professional Development Committee and has previously served on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. AV Preeminent Rated by Martindale-Hubbell. Recipient of the 2014 Nationally Ranked Top 10 Attorney Award from the National Academy of Family Law Attorneys (NAFLA). You can reach Attorney Rauseo atkrauseo@nashualaw.com.