Legal Question in Family Law in Florida
legal seperation
My husband is incarcerated and has a large judgement against him. I'm due to recieve an inheritance soon. Would a legal seperation protect me from losing any money to the judgement?
Asked on 1/28/08, 12:20 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: legal seperation
Not necessarily. Separation isn't necessarily the date at which assets become separate in a marriage. A judge could rule that the date of filing the divorce--or even some other date--is the date at which the assets become separate. To be safe, you might want to get the divorce filed before the inheritance happens.
It may not matter, though. Inheritance is not generally considered marital property, even if the inheritance happens while the couple is happily married.
Answered on 1/28/08, 7:01 pm