Upcoming inheritance and how it is factored into a potential divorce

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Upcoming inheritance and how it is factored into a potential divorce

I am only contemplating filing for a
divorce from my husband due to severe
communicatiom issues and the breakdown
of our marriage. I am undecided as to
how to proceed. But the current status
of our marriage is unhealthy unless we
get marriage counseling which my husband
resists.

My father recently passed away and I am
due to a rather large inheritance. I am
on a small disability after losing my
job and I also have a small annuity that
is paid out to me after my husband of 20
years died, so my income is considerably
smaller than my current husband’s.
As of right now, my current husband
supports us other than the 1500 I bring
in a month. The estate may take a while
to get settled. My question is this
would the future payout of that estate
need to be split 50/50?

Thank you

Asked on July 24, 2019 under Family Law, Wisconsin

Answers:

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

Answered 1 year ago | Contributor

Inheritances are not considered to be equitable/community property. It remains the seperate property of the the person who inherits it. That having been said, keep the proceeds set apart from any jointly held funds, etc.; in some cases such property can become art of the marital estste if they become comingled.

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

Answered 1 year ago | Contributor

Inheritances are not considered to be equitable/community property. It remains the seperate property of the the person who inherits it. That having been said, keep the proceeds set apart from any jointly held funds, etc.; in some cases such property can become art of the marital estste if they become comingled.


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