Inheritance money received and a divorce can be a tricky situation. Typically, divorce decrees divide only the money which was earned during a marriage. For example, Ben and Kristen get married. Ben already owns a house at the time of the marriage (fully paid for). Each earns $50,000 a year during the ten-year marriage. The couple has no children. Just before filing for divorce, Ben
. receives $100,000 from the estate of a late aunt. Typically, Ben would be able to keep both his house and his $100,000. The law gets tricky only when one spouse is a homemaker or when children are involved. Imagine that Kristen quit her job upon the marriage and bore the couple three children. During the divorce, she gains custody of the couple's three children. Most judges would then award Kristen the couple's home and a share of the $100,000. Other specific situations will require the professional opinion of a licensed attorney.