Can my husband come after my inheritance money in the case of a Virginia divorce?
Matters of inheritance in a divorce are usually fairly straightforward: if you alone inherited the money, it's yours, as long as you keep it in a separate account in your own name. That last part is where a lot of married people go wrong; they mix their inherited money with their spouse's money or marital funds in a joint account.
Mixing your money like this may seem like the natural thing to do for some couples but in the case of a Virginia divorce, it allows your spouse to have access to money that was meant for you.
Your husband could claim that money as marital property, which means it would have to be divided. This can complicate your Virginia divorce and is unfair to you.
If you find yourself in a situation involving Virginia divorce and inheritance money, you should contact a Virginia divorce attorney right away. In some cases, an attorney may be able to help you retroactively separate your money from your spouse's.
If you ever remarry and bring any significant money or assets into the marriage, you should seriously consider a prenuptial agreement (also known as a pre-marital agreement). A premarital agreement will help make sure that your assets-whether it's inheritance money, real estate or other holdings-are protected in case of a Virginia divorce.
Remember that you cannot attempt to hide any assets, including inheritance, during the course of your Virginia divorce. Instead, give your attorney as many details as possible about your financial situation and they can work with you to find a legal and ethical way to deal with this complicated financial situation.
Contacting a Virginia Divorce Attorney
At this vulnerable time, it's critical that you have exceptional legal representation that not only understands the specifics of your case but is dedicated to your best interests and that of your family.
The Virginia divorce attorneys at Hofheimer Family Law Firm represent Virginia women who wish to file for divorce. We are committed to fighting for your rights, assisting in child custody disputes and advocating that you receive everything you are entitled to and need in order to start your new life. You can learn more by requesting one of our FREE divorce guides for women, or reserving your seat at our monthly divorce seminar – 757-425-5200.