San Diego, CA asked in Divorce for Florida

Q: My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?

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2 Lawyer Answers
Nicole Vette
Nicole Vette
PREMIUM
Answered
  • Stuart, FL
  • Licensed in Florida

A: No, but make sure to keep the inheritance in a separate account without any other funds.

Michael David Fluke
Michael David Fluke
PREMIUM
Answered
  • Dunedin, FL
  • Licensed in Florida

A: As long as you do not co-mingle the inherited money with other funds that you are presently earning or exist during the marriage (you are still married even though you are separated, the inheritance is non-marital. What this means is money that you have inherited should be placed in a completely separate bank account. If it is in the form of investments or retirement, you should keep a separate account for those funds. This is worth a consultation with an attorney. If you have both moved on, you should further consider ending your marriage. Discuss the pros and cons of remaining married when there is no longer a marital relationship with an attorney as well. I wish you luck.

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