Is an Inheritance Considered Marital Property in Massachusetts?

Dividing property during a divorce can be one of the most stressful aspects of ending a marriage. Questions about what qualifies as marital property often heighten that stress, particularly regarding inheritances.

At Wright Family Law Group, we’ve helped countless individuals protect their wealth and assets during this challenging time. In this post, we’ll help you understand whether inheritances are considered marital property in Massachusetts and how to safeguard them if you’re facing a divorce.

Understanding Marital Property in Massachusetts

Before we discuss inheritances, it’s important to understand the concept of marital property in Massachusetts. Marital property includes assets either spouse acquires during the marriage, regardless of whose name is on the title. Some examples include:

• Income earned by both spouses
• Real estate purchased during the marriage
• Jointly held savings and retirement accounts
• Household items, vehicles, and other shared assets

The state abides by the principle of equitable distribution, which means these marital assets and debts are divided fairly, but not always equally, during a divorce.

Inheritances and Divorce in Massachusetts

Massachusetts is an equitable distribution state, but it also recognizes the concept of separate property. This means that assets a spouse receives prior to the marriage or through inheritance or gift during the marriage are generally viewed as separate and don’t need to be divided.

Inheritances can include money, real estate, stocks, jewelry, and other valuable items from a deceased family member or friend. However, for an inheritance to be considered separate property in Massachusetts, it must have been kept separate from marital funds and not used for the benefit of both spouses during the marriage.

Your inheritance may be safe if it:

1. Was received before the marriage 

 Inheritances received before marriage are usually treated as separate property. However, the protection of this status can be compromised if the funds are mixed with marital assets, such as depositing them into a joint account or using them for shared expenses.  

2. Was received after divorce proceedings began  

Inheritances acquired after divorce proceedings are initiated are typically excluded from marital property. Timing is a critical factor here, as assets received during the marriage may be viewed differently.  

3. Has not been commingled    

Commingling occurs when separate funds are mixed with marital assets, making determining what portion is separate property more difficult. Keeping your inheritance in a separate account and not using it for joint expenses may help protect its status as separate property.

Protecting Your Inheritance During Divorce

Divorce is emotionally taxing, but you can take proactive steps to protect your inheritance and other assets. Here’s how:

1. Work with a skilled divorce attorney

Dividing assets can be legally and emotionally complex, especially when inheritances are involved. A knowledgeable divorce attorney can provide critical guidance, protect your rights, and help you develop a strategy for preserving what’s yours.

2. Keep your inheritance separate

One of the simplest ways to protect an inheritance is by keeping it separate from marital assets. This means:

• Using a separate bank account
• Avoiding commingling funds (e.g., paying off a shared mortgage with inheritance money)
• Documenting how the inheritance is being used  

The clearer the distinction between your inheritance and shared property, the stronger your case for protecting it.

3. Utilize prenuptial or postnuptial agreements

A prenuptial or postnuptial agreement can define how inheritances will be treated during divorce. Many couples include provisions that designate inheritances as separate property, regardless of other circumstances.  

However, to ensure these agreements hold up in court, they must meet certain requirements:

• Both parties must sign voluntarily.
• Full financial disclosure must be provided.
• The terms must be deemed fair and reasonable.  

If you have a prenuptial or postnuptial agreement, consult an experienced attorney to ensure its terms are enforceable and provide the protection you intend.

Secure Your Financial Future With Wright Family Law Group

Dividing assets during a divorce is undoubtedly one of life’s most stressful challenges, but with the right legal support, you can protect what matters most. If you’re facing questions about whether an inheritance may be considered marital property, don’t leave your financial future to chance. Contact Wright Family Law Group today for a consultation and take the first step toward safeguarding your family’s wealth.