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Am I entitled to any of my spouses inheritance after we divorce as part of spousal support?
I am getting ready to divorce my husband. He doesn't have very much money or assets, but he is expecting a fairly large inheritance from his parents in the near future. Would I be entitled to any of it if he isn't able to compensate enough?
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Answers (1)
Generally, divorce inheritances don't happen since divorce negate your right to any share of the inheritance. Therefore, getting your spouses' inheritance in divorce is always a lose for you. In most cases, future inheritance of your spouse would not be granted to you after the Divorce Filings take place. Inheritance is considered separate property and since it hasn't arrived yet, you will more than likely not receive any of it. However, if the inheritance has already been delivered to your husband during the time of your marriage, there may be a chance you could recieve some of it. Ultimately, each divorce case is different and there are several complexities that come into play as state laws also vary quite a bit.
You should consult with a Divorce Attorney regarding equitable distribution to ensure fair compensation.
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Posted by Staff Writer on 25 Jan 2010