Preventing Your Spouse From Claiming Your Inheritance in New York

You need not feel ashamed for admitting that you have given all that you have in order to preserve your marriage. Now you feel you must file for divorce and separate from your spouse. You just have to settle the relatively minor matter of your inheritance. Even though you may have acquired it during the course of your marriage, you feel that you possess the sole right to do with it as you please. If you do not know whether your former spouse will be entitled to your inheritance, please read on, then contact one of our experienced Rockland County division of assets attorneys to learn more about preventing your spouse from claiming your inheritance in New York.

How do you keep your spouse from touching your inheritance in a New York divorce?

To keep New York divorce courts from deeming your inheritance marital property, 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

Is your spouse entitled to your inheritance in a New York divorce?

Generally speaking, no, your spouse is not entitled to your inheritance. You see, New York state law specifies that all property acquired during the marriage by either spouse by way of inheritance 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, and some spouses are just ill-willed enough to try. If you are reading this blog, we may infer that you are in just such a position.

How can a Rockland County divorce attorney help you?

Even if you do not have children, dividing your lives will be a difficult and time-consuming process that could drag on for years. Reaching out to a skilled Rockland County divorce attorney can make a huge difference in the length of legal proceedings. A qualified legal professional will cut through all the noise and nonsense arguments issued by your spouse’s lawyers and help bring this case to a proper outcome in a shorter amount of time. Let us fight for you and your rights. Give us a call today.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.