Legal Question in Family Law in New Jersey

Received Inheritance during separation

My spouce and I have been separated for over 9 months. I filed for divorce last year. The other party is dragging out the divorce process. Now a close relative has died and I will be receiving an inheritance. Is my soon to be ex intitled to any of this? We were married for 12 years.


Asked on 5/08/01, 8:15 am

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Received Inheritance during separation

Under most circumstances, an inheritance is not subject to equitable distribution. However, when the Court is making a determination as to other issues, it may be taken into consideration. Example, suppose the Husband inherited $6 million. Up to that time, Husband had been earning $50,000 per year and Wife was a "stay at home mom." If the marriage was long term (let's use 20 years for my example), alimony would likely be awarded to Wife. In my opinion, Wife would get alot more alimony in this case due to the interest being earned on the inheritance than she would have received had the inheritance not been a factor. However, keep in mind that this opinion is based purely on the little bit of information that you have given to me. There are many other factors that would change my opinion. Your question is very fact sensitive. Further, no one can rely on advice from an attorney who has not been retained. I would suggest that you speak with your attorney, before you take any further action. If you want another opinion, you should contact another attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 6/20/01, 8:20 am


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