Question re inheritance

[SharpBluePoster]

I have separated from my husband and just filed for divorce. My grandad won’t be with us much longer I don’t think and I am due to inherit a sizeable amount of money. I feel terrible thinking about this while my grandad is still with us but it’s just occurred to me - if my grandad dies while I am still married, can my husband take half in the divorce? If he dies after the divorce is final can he make any claim on it?

grim question to be asking but important

You need legal advice as I’m not a lawyer and it will depend on where you live but I believe that if it sits in an account and not used then it won’t be a marital asset.

If you get a clean break divorce then you can’t claim half of any financial windfalls after that point.

You will need proper legal advice.

If you inherit before you divorce, put the money in a separate account in your name only. If you commingle it with marital assets it becomes much easier for him to get half.

Consult an attorney in your area for the finer details.

Do not mingle it with joint accounts. Do not use it to pay if part if the mortgage or anything like that. Keep it separate and in your name. If you are legally separated it is easier to ring fence. If the total matrimonial pot is not enough for both sides (like having to house kids) then it may be taken into account still. Take legal advice.

Have you got a signed separation agreement?

You need legal advice. It’s a grey area

generally the less it’s intermingled into family finances the greater the chance of ringfencjng it. However, it absolutely would need declaring and if there aren’t enough assets to provide for both parties needs the courts could use that.

equally you may see that while you keep that, your claim to marital-assets diminishes.

if you’re divorced with a signed clean break order before he dies then your ex would have no claim,

Law will depend on where you live…have you signed separation agreement?

Far as I’m aware if you are in Scotland it’s yours and cannot be touch in a divorce, my friends dh got none of her inheritance in the divorce.

however my cousin signed a separation agreement before the divorce to ensure that was officially the separation date however it all works differently in different countries .

Go seek legal advice. Its clear important to you. Protect what you can.

Depends really …. How much is it? Life changing? Your soon to be ex could claim you don’t need as much of shared assets as you have this money coming. Once the divorce is final and a financial consent order is signed then my understanding is that no he can’t make a claim on it