Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #48:
My father passed away last year. I was left some money. Would this money be included in my divorce or was it just left to me?
Answer:
You did not mention what state you or living in which would have jurisdiction over your divorce proceeding. In the State of New York and most other jurisdictions, money or other assets received by inheritance if kept separate and apart from joint property, and not commingled with other marital property (i.e. putting the inheritance money in a joint banking account), remains separate property and is not included as marital property, although it may be considered when the court determines your ability to pay spousal and child support.
Back to content