If my wife and I are filing separation papers today, what will happen to my future inheritance?

I’ve heard nightmare stories about ex’s coming after inheiritences and I am very concerned. My grandmother has not passed yet and the soon-to -be ex-wife included a clause in the agreement that she wouldn’t touch an inheiritence. The inheiritence will not be in my possession until after the seperation papers are notorized. Will the judge honor the separation agreement? Is my future inheiritence safe from the soon to be ex?

Asked on August 1, 2012 under Family Law, Connecticut

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 or after separation with no intent to reunite.  A spouse has no claim to the other spouse's separate property.

An inheritance is your separate property whether it occurs during marriage or after the marriage ends.  Since an inheritance is your separate property, your spouse has no claim to your inheritance.

If you don't live in a community property state, other rules may be applicable.

As for the court honoring your inheritance agreement, I don't see why a court would not honor it.


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