Am I entitled to any future inheritance my ex-husband receives after we divorce?

Considering he benefitted from my inheritance.

Asked on July 1, 2012 under Family Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

An inheritance is separate property whether it occurred during marriage or after the marriage ends.  Since it is your ex-husband's separate property, you would not have any claim to an inheritance he receives.

If you don't live in a community property state, other rules may be applicable.  However, since you are asking about a future inheritance after divorce, it is unlikely you would have any claim to it.


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