How Do I Protect My Inheritance During a Divorce?

At Inner Vision Legal, we recognize that divorce often brings up many financial concerns. Yet, protecting your inheritance does not have to be one of them. Oklahoma law generally treats inheritances as separate property, meaning they belong to you alone rather than both you and your spouse. However, certain actions can convert your inheritance into marital property subject to division.

Key means of protecting your inheritance when it comes to divorce include:

• Keeping inheritance funds in separate accounts
• Avoiding mixing the inheritance with marital assets
• Maintaining detailed documentation of the inheritance
• Utilizing prenuptial or postnuptial agreements

Understanding Separate vs. Marital Property

Oklahoma follows equitable distribution laws. Under these rules, the court divides marital property fairly, not necessarily equally.

Marital property includes assets acquired during the marriage by either spouse. This involves all the income, investments, real estate, and other property obtained while married.

Separate property includes assets owned before marriage, as well as any gifts and inheritances received by a spouse during the marriage. In Oklahoma, it is typically recognized that inheritances are intended for the specific recipient, not the marital couple.

This distinction matters significantly. Separate property normally remains with the original owner, while marital property is divided between both spouses. Thus, to retain your inheritance in a divorce, maintaining its status as separate property is essential.

Keeping Inheritance Separate

Do Not Commingle or Share Funds

A critical step is keeping your inheritance completely separate from marital assets. This means:

• Opening a separate bank account solely in your name
• Never depositing inheritance funds into joint accounts
• Avoiding any use of inheritance money for marital expenses
• Keeping inherited property titled in your name only

Keep Original Records

Documentation helps prove your inheritance status. Maintain copies of:

• Wills and trust documents
• Bank statements showing the inheritance deposit
• Any correspondence about the inheritance

These records can serve as evidence that the assets were intended for you alone.

Prenuptial and Postnuptial Agreements

Written agreements provide the strongest protection for inheritances. These documents can specifically outline how inheritances will be treated during divorce.

Prenuptial agreements are signed before marriage and can protect expected future inheritances. Postnuptial agreements are created after a marriage begins and can be used to protect inheritances you have already received.

Both agreements require full financial disclosure, and independent legal counsel for each spouse is recommended for enforceability.

Importance of Legal Counsel

Protecting your inheritance requires careful legal strategy at times. An experienced divorce attorney can:

• Review your specific situation
• Identify potential risks
• Help gather necessary documentation
• Negotiate favorable terms
• Represent your interests in court if needed

At Inner Vision Legal, we understand the emotional and financial challenges of divorce. Attorney Rhonda Telford Naidu has nearly two (2) decades of experience helping clients protect their well-being and financial future during the divorce process. Our team takes a holistic approach to family law, working to achieve the best possible outcome while striving to minimize stress on you and your family.

Your Financial Future Can Remain Secure

Protecting your inheritance during divorce can be relatively simple, but it requires proactive planning and careful documentation. By keeping inheritance funds separate, maintaining detailed records, and working with experienced legal counsel, you can preserve these important assets for your future.

Do not wait until divorce proceedings begin to actively protect your inheritance. Contact Inner Vision Legal today to discuss your situation and learn how we can help you safeguard your financial interests during divorce.