Massachusetts Divorce Law...

Massachusetts Law - Inheritances

In Massachusetts, inheritances are part of the property to be divided. This is fairly unusual. In most states, there is a much stronger tendency to leave inheritances with the party who received them.

Despite their ability to divide inheritances, Massachusetts judges tend to leave inheritances with the party who received them, as long as:

• The marriage was a short or medium-term marriage; and
• Neither party would not suffer too acute a drop in lifestyle if the inheritance were not divided.

Cases:

Zeh (1993) 618 NE2d 1376 (An inheritance is property subject to division by the court upon divorce.)

Bacon (1988) 524 NE2d 401 (In this case, the judge awarded $200,000 to the husband plus $20,000 attorney's fees. The wife had inherited property then worth $3 million. The husband had a job at Harvard as administrator paying $38,400 a year plus accommodations in a Harvard-owned 2-room apartment. The husband had not contributed to the wealth of the family during the 12-year marriage. The husband had occasionally been abusive in the early years, and this was a factor in reducing the amount the husband received.)

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