Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
could a known future inheritance that will occur after a divorce have any bearing on how the assets are to be divided up?
Asked on June 10, 2009 under Family Law, Michigan
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
As a matter of law, no. Most importantly, the inheritance is not yet an asset of either spouse--neither one has an actual ownership interest in it. Practically, many things could happen to result in it not coming to pass (the inheriting spouse pre-deceasing the person who will be leaving the money or property; the inheriting spouse being disinherited, etc.) Even if it's as certain as certain could be that the inheritance will happen, until and unless its been distributed to one of the spouses, it's not an asset that will be counted in divorce.
That's the legal answer. The practical answer is, if the divorcing spouses work out a settlement, they could take the inheritance into account. For example, the inheriting spouse could offer a share of the inheritance in exchange for more of the current assets, and if the other spouse takes the deal, that's their choice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.