Can I Protect My Inheritance in Divorce? What Georgia Law Says About Separate Property

In divorce, a major concern for many people is whether they’ll be able to keep their inheritance. In Georgia, inheritances are typically considered separate property, meaning they belong solely to the person who received them. However, the way you’ve managed that inheritance during your marriage can influence whether it stays protected.

Understanding Separate vs. Marital Property in Georgia

Georgia law distinguishes between separate property—such as inheritances received by one spouse—and marital property, which includes assets acquired during the marriage. Generally, inheritances received before or during the marriage are classified as separate property, so long as they were kept solely in the recipient’s name and weren’t used for marital expenses.

However, when an inheritance is “commingled” with marital funds—such as by depositing it into a joint account or using it to pay for shared expenses—courts may view it as marital property, which is subject to division.

Keeping Your Inheritance Separate

To ensure your inheritance remains protected in the event of divorce, it’s important to avoid commingling it with marital funds. For instance, keep inherited money in a separate account under your name and refrain from using it to make shared purchases or pay marital debts.

If you’ve already commingled your inheritance, all may not be lost. A mediator can help you and your spouse work out an agreement that honors the original intent of the inheritance while providing a fair division of other assets.

Using Mediation to Protect Your Inheritance

Even if your inheritance is at risk of being classified as marital property, a cooperative approach can prevent costly litigation. Through mediation, you may be able to negotiate an agreement that allows you to keep your inheritance by balancing it with other assets or providing additional concessions.

Conclusion

Protecting an inheritance in divorce requires careful planning and a sound understanding of Georgia’s property laws. With the right approach, you can keep these assets secure. A mediator can help by guiding you through asset division discussions, ensuring your inheritance stays intact while reaching an equitable agreement.