The Question:
Can she get half? I’m currently filing for divorce. I received an inheritance before filing. Will I have to split it during the divorce?
RJ Says:
Generally, no. In Arizona, an inheritance received during the marriage is typically considered separate property, which means it is not subject to division in a divorce.
However, whether it remains separate depends entirely on how you’ve handled the funds. To keep an inheritance separate:
Do not deposit the inheritance into a joint bank account
Do not mix community funds (like earnings) into the inheritance account
If you use the inheritance to buy an asset, don’t put your spouse’s name on it
Keep records and clearly separate these funds from marital finances
If the inheritance is commingled—meaning it’s mixed with marital property—it may lose its separate status and become subject to division. For example, using inheritance money to buy a home or vehicle and placing your spouse’s name on the title can convert that asset into community property.
Arizona courts look at how the asset was treated during the marriage. Clear documentation and intentional separation are key to protecting what’s yours.
A qualified and experienced family law attorney can review your situation and help ensure your inheritance is handled correctly throughout the divorce. Our office offers free half-hour consultations to develop a legal plan that fits your needs. Call (602) 256-7575 to schedule yours today.