In Massachusetts, any and all assets held by either party are subject to an equitable division between the parties at the time of divorce. This includes assets that were inherited by either party. In determining an equitable division of inherited assets, the Judge will consider: the size of the inheritance, when the inheritance was received, how the inheritance was treated during the marriage, and the ability of each party to acquire future assets. If a spouse is a beneficiary in the Will of a person who is alive at the time of divorce, this is a mere expectancy interest and is not an asset that is subject to division between the parties at the time of divorce; however, the Judge will consider each party’s opportunity for future inheritance when the Judge equitably divides the assets between the parties.
