After7 months of marriage, isa spouse entitled to any inheritance money that the other spouse received?

UPDATED: Oct 9, 2011

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After7 months of marriage, isa spouse entitled to any inheritance money that the other spouse received?

Spouse received $20,000 while married for 7 months. Now getting divorced.

Asked on October 9, 2011 under Family Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No they are not. However, this is true if you have been married for 7 months or 7 years. The general rule is that money received has the result of an inheritance or gift is considered to be separate property. And only marital property can be distributed to the other spouse in a divorce. This is true whether you live in a community property state or an equitable distribution state (like FL). Therefore, as long as the $20,000 was an inheritance given to you and only you (i.e. not to you and your spouse), it is not marital property subject to division in a divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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