Legal Question in Family Law in Georgia

divorcing soon

I just received news that a relative(my aunt)who died recently,left me her retirement(maybe around $200,000).My marriage is really going down the drain and divorce is coming soon.The only reason my husband is hanging around is for that money. I received word from a relative of his,that he plans to sue for some of my inheritance.Is this possible? Does he have a right to it? I read that inheritances are nonmarital property because it was not aquired thru the marriage. What can I do to protect myself and my soon-to-be financial gain? He also admitted to being unfaithful and I was told that he still is being unfaithful. Would this stand up court too?


Asked on 3/20/06, 6:19 pm

2 Answers from Attorneys
Eric Ballinger Ballinger & Associates

Re: divorcing soon

You are correct, inherited money is non-marital property and is not subject to an equitable division. The only exception to this is that alimony can be awarded from non-marital proieprty, but if he has been unfaithful, then he would be barred from recieving alimony. It sounds like your husband has been waiting around for nothing.

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Answered on 3/20/06, 7:22 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: divorcing soon

Your husband is not entitled to any part of your inheritance. For more details, you should consult with a local attorney.

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Answered on 3/21/06, 3:25 pm


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