What happens to money acquired during separation but before divorce?

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What happens to money acquired during separation but before divorce?

My wife and I have been separated for almost 12 months. Child support has been set by the courts, and I have just filled out divorce papers but have yet to file them. I have received $20,000 from my mothers estate. Is my wife entitled by law to this money?

Asked on April 26, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Although CA is a community property state, whether you are separated or still together, doesn't matter where an inheritance is concerned.  The fact is that any inheritance received by a spouse is considered to be their separate properety. That is unless the inheritance was to the both of you, in which case your wife would then be entitled to her share. Absent that, this money is yours.


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