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

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

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 AttorneyPages.com 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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