Can I Get a Share of a Former Spouse's Inheritance?
Full Question:
A Will was written up by my Ex's Father during the time of our marriage of 30 years. It was written in 1988 while we were still married and we divorced in Jan. '09. Am I entitled to a part of the $50,000 my ex. will be getting?
04/04/2011 |
Category: Divorce ยป Property Set... |
State: Oregon |
#24564
Answer:
The answer will be determined by the terms of your divorce agreement and the property settlements made in the divorce order. Typically, inheritances are separate property of the spouse, and if this sum wasn't included in the division of assets in the divorce, an inheritance of a former spouse after a divorce is not able to be claimed as marital property by the other former spouse. Inheritances after divorce are generally separate property, however, it is possible the funds received could be used to pay amount owed under the divorce decree if the property settlement or support terms of the divorce decree weren't obeyed.
