Levittown, NY asked in Divorce and Family Law for New York

Q: My wife inherited a very large inheritance in October 2023 which she never told me and wants my IRA, Annuity in divorce

Need legal advice concerning this matter if that is legal

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1 Lawyer Answer

A: Current New York law (and the law of most other jurisdictions) excludes any inheritances given spouses unless the spouse commingles the inheritance with marital assets. The wife had no duty whatsoever to inform the asker of her inheritance, and in so doing, likely kept her inheritance separate from martial funds unless an accountant finds otherwise.

If the asker's IRA and annuity came from material funds, then the asker will lose his proportional share (typically 50/50) to the wife as a consequence of divorce.

The asker should see an attorney with all his facts to get the best possible response to his question.

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