Individual assets received during a marriage generally remain the separate property of the recipient. This principle typically extends to assets acquired through inheritance. An inheritance is usually considered the sole property of the inheriting spouse, meaning it is not subject to division in the event of a divorce. For example, if one spouse inherits a sum of money from a deceased relative, that money, in its initial form, is typically considered separate property.
Maintaining the separate status of inherited assets is crucial for protecting personal wealth. Inheritances are often intended to benefit the individual recipient specifically, rather than the marital unit as a whole. Recognizing and upholding the distinction between separate and marital property provides legal clarity and predictability in family law matters. Historically, the concept of separate property has evolved to ensure fairness and equity in the distribution of assets following the dissolution of a marriage, respecting individual contributions and circumstances.
