If my wife and I get a divorce, is my trust from a will protected?

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If my wife and I get a divorce, is my trust from a will protected?

I recently received a certain amount of money in the
form of a trust from my late grandfathers will. If my
wife and I get a divorce, am I the only one entitled to
this money? Or would the court give any of the this
money to my wife? The reason I ask this question, is
because I am debating if a post nuptial agreement is
necessary or not. I live in Kansas. Thank you.

Asked on February 26, 2018 under Family Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The general rule is that funds that are inheritied - and KEPT SEPARATE - during the marriage are not property for distribution in a divorce.  However, growth of that asset or income derived from the asset could be considered a marital asset.  It depends on the facts of the case.  A post nuptial agreement can not hurt.  Good luck.


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