US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I Get a Share of a Former Spouse's Inheritance?

Can I Get a Share of a Former Spouse's Inheritance?

Q: Is a divorce settlement final regarding property division?

Yes, a divorce settlement is generally final regarding property division, including inheritances. Once the settlement is agreed upon and finalized, it typically cannot be changed. However, if new information arises or if there are legal grounds, you may need to consult an attorney to explore your options.

Q: Can divorce agreements include future inheritances?

Divorce agreements can include terms regarding future inheritances, but it depends on the specific agreement. If you believe a future inheritance should be considered, it should be explicitly stated in the divorce settlement. Consult with a legal professional to ensure your interests are protected.

Q: What if my ex-spouse owes me money from our divorce?

If your ex-spouse owes you money from the divorce settlement, you may be able to pursue that debt through legal means. This could include using funds from their inheritance to satisfy the obligation. Review your divorce decree and consult with an attorney for guidance on enforcement options.

Full question:

A Will was written up by my Ex's Father during the time of our marriage of 30 years. It was written in 1988 while we were still married and we divorced in Jan. '09. Am I entitled to a part of the $50,000 my ex. will be getting?

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Oregon

Answer:

The answer will be determined by the terms of your divorce agreement and the property settlements made in the divorce order. Typically, inheritances are separate property of the spouse, and if this sum wasn't included in the division of assets in the divorce, an inheritance of a former spouse after a divorce is not able to be claimed as marital property by the other former spouse. Inheritances after divorce are generally separate property, however, it is possible the funds received could be used to pay amount owed under the divorce decree if the property settlement or support terms of the divorce decree weren't obeyed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I claim my ex-spouse's inheritance after divorce?

Generally, you cannot claim your ex-spouse's inheritance after divorce. Inheritances are usually considered separate property, belonging solely to the recipient. If the inheritance was not included in your divorce settlement, it typically remains with your ex. However, if there are outstanding obligations from your divorce decree, those funds might be relevant to your situation.

What happens to inheritance in a divorce?

Inheritances are typically treated as separate property, meaning they are not subject to division during a divorce. If an inheritance was received during the marriage, it may still belong solely to the spouse who inherited it, unless it was explicitly included in the divorce settlement. Always review your divorce agreement for specific terms.