Contingent interests are, well, interesting in terms of whether they are considered martial property for the purposes of equitable division of assets in a divorce. A contingent interest can be a trust or bequest of some type from a relative.
If an interest is so contingent that it is a mere expectancy, then no aspect of it can be included as marital property. What this means is that if the asset is something that someone expects to get versus something someone absolutely will get then it is not a marital asset. The test in determining if an interest is vested or contingent, is not the certainty or uncertainty of obtaining actual possession, nor the defeasibility or indefeasibility of the right of possession, inasmuch as estates may be vested in interest though without present right of possession. So long as a present right exists to a future possession the estate is vested, even though actual possession may be defeated by a future event. McGinley v. McGinley, 388 Pa. Super. 500; 565 A.2d 1220 ** | 1989 Pa. Super. LEXIS 3331 ***
The take away here is that the general rule is that if you have a legal right to get something that can not be infringed, it is a marital asset. Now, just to be one hundred percent clear, some legal or factual event may occur which potentially defeats the right – however, if the right exists then the asset is marital.