Legal Question in Family Law in Georgia

Re: Inheritance during marriage

Whether she receives any money from you would be dependant on whether there was any language covering this matter in your divorce settlement agreement.

Re: Inheritance during marriage

I'm confused by your question. Since she's your ex-wife, the answer would be in your settlement agreement or divorce decree. If it was not dealt with there, she can't raise it after the divorce. If it was, whatever that paperwork says controls.

Unless you agreed otherwise, her inheritance would not be divisible in a divorce, but once she makes a gift of part to you, that gift is not her separate property any more. Again, unless she was awarded that amount in the divorce, she can't ask later.

Re: Inheritance during marriage

As stated, the language of the divorce decree would determine the issue. If the divorce decree is not final, than it would have to be negotiated and decided by agreement of the parties or by the court.

Ordinarily, inheritance is not considered marital property, and hence, is not divisible upon divorce, i.e. you would not be entitled to any portion of your ex-wife's inheritance.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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