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?

Related Topics:
2 Lawyer Answers
Nicole Vette
PREMIUM
Nicole Vette
Answered
  • Tampa, 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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.