Do I Have to Give my Wife Half of my Inheritance?

Back to Divorce and Family Law Videos

Back to Divorce and Family Law Videos

Video Script Below

"I inherited $100,000 dollars from my parents and now my wife is leaving me. Do I have to give her half the money? I’m Steve Kramer. I’m a Florida family law and divorce attorney and this is a situation that does come up. Now generally, gifts that you received before the marriage, an inheritance that you received during the marriage or before the marriage, are not subject to equitable distribution – and that means when the court divides up the assets.

The important thing to note here though is once you co-mingle those assets – meaning if you put that $100,000 dollars into a bank account with your wife and husband and you start to mix those monies together and draw from it and put into it – you may eliminate that. You may have given your spouse half that money or some portion of that money. So the most important thing to do is keep that money separate. Now if you do keep that money separate and it truly is an inheritance and there’s no other co-mingled marital monies in that account, then that money should be exempt from the equitable distribution.

Basically, your spouse doesn’t get any portion of it. The important thing is to address this early on. And if you’re in the situation where you’re getting a divorce, sit down with an attorney as quickly as possible so you can come up with a game plan. I’m telling you this because I deal with these situations every day and if you have any questions, I’d be glad to talk with you.

I’m Steve Kramer. Thanks for watching."

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