Divorce creates many questions about your financial future. In Massachusetts, one of the most complex topics is inheritance. Whether you have already received money from a relative or expect to get it later, the law in this state is unique. Understanding these rules helps you protect your interests.
How Massachusetts law views your property
Most states only divide marital property—things you bought during the marriage. Massachusetts is different. Massachusetts follows an all-property approach. Under the law, a judge has the power to look at every asset you own, no matter when or how you got it. This includes inheritances.
If you received an inheritance during the marriage, the court treats it as part of the total pot of assets. A judge might let you keep it if the marriage was short. However, they can also give a portion of it to your spouse. This process ensures the final split is equitable.
Can a spouse take money you haven’t received yet?
If your relative is still alive, people usually call a future inheritance a mere expectancy. Because you don’t own the money yet, the judge cannot physically divide it or give a piece of it to your spouse today.
However, even a future inheritance can change your divorce outcome. Massachusetts judges must consider each person’s future opportunity to acquire capital assets. If you are likely to inherit a large sum of money soon, the judge may decide you need less of the current marital property. For example, the judge might give your spouse a larger share of the family home because they know you will be financially secure later due to your inheritance.
Why professional help matters
Because Massachusetts law grants judges broad power over all types of property, these cases involve many gray areas. Small details about your family’s wealth can change how a judge divides your bank accounts and home equity. Speaking with a family law attorney is the best way to ensure your future is protected.