Unfortunately, divorce is a part of society. Many individuals seek legal counsel on how to protect an
inheritance they may receive from a parent or family member proactively in the event they become divorced. The following is a brief list of ideas to consider implementing: (i) do not add your spouse’s name to the title of inherited assets; (ii) do not use inherited assets to purchase assets that will be titled with your spouse unless you intend to create a marital asset; (iii) do not use
inherited assets to satisfy marital debt or pay marital expenses (home mortgage); and (iv) do not mix marital and inherited asset. It will also be important to maintain good records showing that you alone received the inheritance and the accounts you maintained them in. The records should include who the inheritance was from, documentation of how the inheritance was received (for example, a copy of a will, trust or beneficiary designation), what assets were inherited and the value of the inherited assets, when the inheritance was received, and what you did with the inherited assets after you received them. Another option is to create a Trust to hold title to the asset(s) (cabin, brokerage account, etc..) and maintain them separate from your marital assets.
