I inherited $2M from my mother. I don’t want any of this money to go to my husband if we divorce. Is a post-nup the answer?

Let’s say, for example, that Hillary received a $2 million inheritance from her mother. She is married, but the relationship has been rocky in the past, and she wants to make sure that the entire $2 million is hers to keep if she splits from her husband.

Fortunately, lawyers say the law is on her side, and her inheritance is hers by default. However, there are some risks she should protect against, and a postnup is one way to do that.

Hillary’s inheritance can remain hers alone

There’s some good news for Hillary when it comes to her inheritance. Even though she was married when she received it, she has absolutely no obligation to share it.

“An inheritance is the receiving spouse’s separate property, even though it arrives during the marriage,” said Jean Brown, a San Antonio family law attorney.

Unless Hillary’s mom specifically left the inheritance to both Hillary and her husband when she made her estate plan, Hillary does not have to share it. However, while the law sets up these rules by default, Brown cautions that Hillary must keep the money separate to avoid losing any portion of it in a divorce.

Kristyn Carmichael, an attorney, family mediator, and Certified Divorce Financial Analyst (CDFA) agrees, telling Moneywise: “In most states, an inheritance starts out as the separate property of the person who received it, though that isn’t guaranteed everywhere. More often, people lose that protection through their own actions.”

If Hillary commingles the money, say by using it to pay down a shared family home or putting it in a joint bank account, then it becomes harder to protect it, and she may have to prove whether a portion of it is hers alone.

“Once inherited money is mixed with marital money and can’t be traced, it can be treated as shared,” Carmichael said.

A postnuptial agreement can help protect the inheritance

While the default law says that the money just belongs to Hillary, Brown also said a postnuptial agreement may still be a good idea.

“A postnup adds a layer of protection,” Brown said. She explained that the law in Texas, where she practices, allows spouses to “agree, in writing signed by both, that income and property arising from one spouse’s separate property will stay that spouse’s separate property.” Other states have similar rules.

Getting her husband to sign a post-nup would help if Hillary invests the inheritance and earns money on it during the marriage, since that money is sometimes treated differently and could be subject to division in a divorce.

“A postnup also puts the couple’s understanding on paper, which can prevent disputes later,” Brown said.