Can A Divorce Impact Your Inheritance in New Jersey?

You have given all that you have in order to preserve your marriage, but it is not enough. For your own private reasons, you need to file for divorce and separate from your spouse. There is no shame in admitting that. However, even if you do not have children, dividing your lives will be a difficult and time-consuming process that could drag on for years. Complicating matters even further, you have an inheritance. If you are not sure whether your former spouse will be entitled to your inheritance, please read on, then contact one of our experienced Bergen County NJ property division attorneys to learn if a divorce can impact your inheritance in New Jersey.

Can a divorce impact your inheritance in New Jersey?

New Jersey state law specifies that all property acquired during the marriage by either spouse by way of inheritance (sometimes called “devise”) or gift by a third party will not be subject to equitable distribution. Equitable distribution is the division of property in the event of a divorce. Thus, inheritances are generally not considered marital property and will not be divided between the parties in a divorce. However, this is not always the case.

How can you prevent your spouse from claiming your inheritance in New Jersey?

To keep your inheritance from being deemed marital property by New Jersey divorce courts, you should undertake the following actions:

  • Save all documentation that proves the inheritance was intended for you alone and not as a gift for both spouses
  • Place your inheritance in a trust with yourself and your children (if you have any) – and not your spouse – as the beneficiary

Do you need a Bergen County divorce attorney to protect your inheritance from your spouse?

You do not necessarily need to employ a divorce attorney to protect your inheritance from your spouse, but it is highly advisable. If you are not entirely sure of the legitimacy of his or her claim, you should reach out to one of our skilled Bergen County divorce attorneys to discuss the risks and potential strategies for preventing a former spouse from taking what is rightfully yours. Do not take a chance; hire a qualified legal representative to fight for you and your rights. Give us a call today.

Contact our experienced Bergen County firm

At Townsend, Tomaio & Newmark, our attorneys have extensive experience helping clients to understand and protect their legal rights before, during, and after the divorce process in towns across New Jersey and Bergen County, including Hackensack, Ridgewood, Paramus, Teaneck, and Fort Lee. To speak with our team of divorce lawyers today in a free and confidential consultation regarding your concerns about your divorce, please contact us online, or through our Hackensack, NJ office at (201) 397-1750.

Read Our Latest Blog Posts

  •  How Do You “Divorce” When You Are Not Legally Married in New Jersey?
  •  What is a Post-Judgment Modification in New Jersey?
  •  Does New Jersey Have Grandparent Rights?