If several weeks prior to my divorce my father-in-law passed away, would my husband have been obligated to report any inheritance?
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If several weeks prior to my divorce my father-in-law passed away, would my husband have been obligated to report any inheritance?
Asked on January 17, 2013 under Family Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general rule, an inheritance is deemed to be separate not marital property. Consequently, it would not be subject to division as per a divorce settlement. However, to the extent that spouse and/or child support is being requested, it may count in the calculation of just how much support your soon-to-be-ex can afford to pay. At this point you should consult directly with a divorce attorney in your area (if you don't already have one).
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