• Inheritances may be separate or marital property.ring image by Jens Klingebiel from Fotolia.com
  
  At divorce, all property is classified as marital property or separate property. Separate property is awarded to the spouse it belongs to, and all marital property, property that was obtained during the marriage, is divided between the spouses. Because Tennessee is an equitable distribution state, the court divides marital property between the spouses according to what is fair rather than equally.
  
  

Separate Property

• Separate property is property that is solely awarded to one spouse at divorce. Any property that belonged to a spouse before the marriage or was acquired after the parties legally separated is separate property. Some property acquired during a marriage, such as a gift or inheritance, can also be classified as separate property. Additionally, inheritances received before a marriage or after separation are always separate property.
  
  

Inheritance

• Inheritances given to just one spouse are considered separate property at divorce in Tennessee. At divorce, the spouse gets to keep his inheritance. However, if a spouse uses his inheritance on a marital asset, such as to improve upon the marital home, or the spouse commingles his inheritance with marital funds, such as depositing the inheritance in a joint checking account, the spouse may forfeit his absolute right to the inheritance. Depending on the use of the inheritance, the spouse may not be able to walk away with his original cash sum.
  
  

Other Considerations

• The goal of Tennessee divorce law is to divide marital property by what is fair. Thus, if one spouse has considerable separate property, such as an inheritance, and the other spouse does not, additional marital property may be awarded to the spouse with fewer financial resources. The spouse may also be required to pay alimony or a higher amount of child support based on the inheritance, as custody and spousal support are based on of each spouse's independent financial situation.