Alimony and Inheritance


#1

After my date of seperation, I inherited a large sum of money that my stbx is now demanding in an alimony settlement. Will the inheritance be taken into account when alimony is determined or is it just based on the earning potential and needs of each party?


#2

The inheritance can be taken into account as a factor relating to your ability to pay, but your spouse is not entitled to any of that money as it is your separate property.


#3

I just want to be sure and not make a mistake. As long as I keep the inheritance money completely separate and in my name only and i use this money to purchase real estate they would have no right to the property. Is this correct?


#4

Yes the property is separate, however you must have your spouse sign what is called a free trade agreement and have the same recorded in the county where you purchase the land. No matter where the funds come from, any real property purchased while you are still married may become subject to certain inchoate rights. This means that if you die prior to being divorced your soon to be ex could make certain claims to the land.