Divorce does not just end your marriage, it can also affect the money, property or opportunities your child might rely on in the future. If you live in northern Georgia and want to protect your child’s inheritance, you will need to take proactive steps now.
Courts might divide property in ways you do not agree with because they follow Georgia laws on what counts as marital property, rather than personal wishes.
Avoid mixing inheritance with marital property
Inheritances are typically considered separate property under Georgia law. This means the court may not distribute them during divorce unless they were mixed with marital property otherwise known as commingling.
In this context, the inheritance refers to money, property or valuables you plan to leave to your child, not something they already own. If your child is still underage, you likely still control those assets, and how you manage them matters.
Commingling a child’s inheritance often occurs by mistake, when parents spend it for family expenses or hold it in joint accounts. Once mixed, the court may treat the inheritance as a shared asset.
Examples of commingling include:
- Putting inherited money into a bank account that both spouses use
- Using inherited funds to pay for rent, groceries, vacations or home repairs
- Adding your spouse’s name to the deed or title of inherited real estate or vehicles
Even using a small part of your child’s inheritance—like buying groceries or paying one bill—can weaken your claim that it is separate property. If commingling occurred, the court may treat the inheritance like any other marital asset and include it in the division during divorce.
Establish your child’s inheritance as separate property
To help the court understand that the inheritance should go only to your child, start by gathering proof. If the inheritance comes from you or the other parent, you may need to show that you intended to pass it on and kept it separate from marital property. Collect legal documents that show who gave the inheritance, what was given and when. For example, keep a signed letter, a copy of the will or a formal trust document that names your child as the intended recipient.
After that, take action to reinforce that you treated this property as separate, not shared. To do this, take these practical steps:
- Keep and organize those documents in a safe place and make digital backups
- Create a trust with your child as the beneficiary, including details on how and when they can use the assets
- Review and update your will, life insurance and retirement accounts to name your child—not your spouse—as the sole beneficiary
These steps can help you demonstrate to the court that your child is the rightful owner of the inheritance and that you have kept it separate from marital property.
By keeping good records and planning, you give your child a better chance to keep what was meant for them as you go through the divorce process. To safeguard your child’s inheritance and long-term interests, consider speaking with a legal professional who understands how Georgia courts handle inherited assets during divorce.
