Legal Question in Family Law in Colorado
If a divorce is final and there is no child support or alimony paid to the ex-wife. What happens when an inheritance comes in? Considering that the assets have been divided and the ex-wife wants money from the inheritance saying that its income. If the inheritance is tax free (Bush tax cuts expire 01/11) Would this not be considered income?
1 Answer from Attorneys
Once a divorce is final the other spouse has no claim on an inheritance unless the death occurred prior to the final order. If the death occurred prior to the final order then any increase of value of the inheritance is subject to division. Not the whole inheritance, which is treated as the heir's separate property.
DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776
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