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 former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.