f II am divorcing my husband after 13 years and before we married he was awarded an annuity in a wrongful death suit, do I have any claim to any of this?
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f II am divorcing my husband after 13 years and before we married he was awarded an annuity in a wrongful death suit, do I have any claim to any of this?
Do my children have any legal claim to this? Can a judge decree in our divorce to set up a trust for our children’s college from this annuity?
Asked on February 15, 2012 under Family Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Generally speaking, assets that were acquired prior to marriage are separate assets unless there can be proven an intent to make the asset a marital asset such as co-mingling funds, etc. So the particular details on the matter will be important. Now, if you want your spouse to pay for college you need to make sure that this is an issue that is discussed and agreed to IN WRITING prior to the issuance of the final decree of divorce. Good luck.
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