My husband and I have been married for 24 yrs and are now considering divorce. He recently received a large inheritence. Am I entitled to part of this?
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My husband and I have been married for 24 yrs and are now considering divorce. He recently received a large inheritence. Am I entitled to part of this?
Asked on June 24, 2009 under Family Law, Alabama
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Generally speaking, separate property acquired either before the marriage or by gift or inheritance during the marriage may be excluded from the marital estate if neither the property nor the income from it have been used for the common benefit of the parties during the marriage. That said, Alabama is an equitable distribution state, and the length of the marriage could sway a judge to distribute the inheritance equally or somewhere inbetween if he or she sees fit. Hope that helps.
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