marriage problems and pending inheritance

[pyhu]

Hello, I hope someone can help me, I am going to be receiving an inheritance soon, (still in the works so to speak) and I am having a great deal of trouble in my marriage. My husband is having some addiction problems that he is trying to work out (at least he says he is) and I am afraid that when I am granted the money he will use it for his addiction. I am tossed with the idea of divorce, but I am afraid that if I wait too much longer and divorce after the inheritance comes through, he will take half of it. I live in Maine, US I dont know what my rights are I dont know if I am going to divorce him or not at this point it depends on his ability to stay clean.... Please help, should I get a legal separation? Would this protect me and my family? or should I wait and see .....
Very confused and troubled
We have been married 10 years and have 2 children

 

[I AM ALWAYS LIABLE]

Hello, I hope someone can help me, I am going to be receiving an inheritance soon, (still in the works so to speak) and I am having a great deal of trouble in my marriage. My husband is having some addiction problems that he is trying to work out (at least he says he is) and I am afraid that when I am granted the money he will use it for his addiction. I am tossed with the idea of divorce, but I am afraid that if I wait too much longer and divorce after the inheritance comes through, he will take half of it. I live in Maine, US I dont know what my rights are I dont know if I am going to divorce him or not at this point it depends on his ability to stay clean.... Please help, should I get a legal separation? Would this protect me and my family? or should I wait and see .....
Very confused and troubled
We have been married 10 years and have 2 children

My response:

You can get a divorce or separation if you want to. Your marriage and its status has nothing to do with an inheritance. Your inheritance is "separate property" and as long as you deposit all monies into a separate account with your name only, it will always remain separate property. He can't touch it. Never, never, commingle that money with any marital money or assets. Once you do that, the inheritance money can be deemed a "gift" to the marriage. So, keep everything separate.

However, once you start using that money for the house, or anything having to do with the marriage, the money you spend, and items you buy, will be both yours and his; e.g., if you buy that car, or that television set, etc. Items like that can be deemed to be a gift to the marriage.

So, use some of that money for your divorce or legal separation, and nothing else, until your marital status has been finalized.

Good luck to you.

IAAL

 

[Sue Graham]

How About Mississippi?

Mississippi doesn't seem to have any "laws" about property and inheritance in a divorce. Seems to be left up to the court. My daughter is in a similar situation. Would her substantial future inheritance be at risk in a divorce from her profligate, abusive, druggie spouse? Two children are from a former marriage and one child is from current marriage. What steps can she take in Ms. to keep money intact for her children's future? Would her holding the inheritance in her name only protect it from property distribution in a divorce court? What steps can she take to be sure husband can't get his hands on it if something happens to her? Can she protect a future inheritance before receiving it? I'm not planning on checking out just yet. Assets currently are in my living trust and are protected for her children if she precedes me in death. Trustee has total discretion and distribution. Thanks, Sue