Assets Inherited After the Filing of Divorce Are Subject to Division By the Divorce Court

Under New Hampshire law, assets inherited by one party are part of the marital estate and subject to the divorce court's jurisdiction to divide upon divorce.  All property acquired up through and including the date of divorce is part of the marital estate and subject to division.  This is true even for assets that are inherited after separation and the filing of a divorce petition.  In one case, a Marital Master divided assets inherited by one party, eight months after the filing of the petition for divorce.  The New Hampshire Supreme Court upheld the Marital Master's division.

Whether the divorce court will divide the inheritance and to what extent depends on 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 and Kerrigan for a consultation.

Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A.  He concentrates his practice in the areas of civil litigation, medical malpractice, personal injury, insurance defense and family law. He is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo at krauseo@nashualaw.com.

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