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  1. #1
    Join Date
    Dec 2011
    Location
    Florida
    Posts
    7

    Default Is Money Considered to Be a Marital Asset in Divorce

    My question involves a marriage in the state of: Florida

    Hi all,
    I will be filing for divorce from my husband in the next two months. I actually consulted an attorney last week and completely forgot to ask him about this so I am hoping that someone can give me some guidance.

    I have a child from a previous relationship. Her biological father passed away 2 years ago unexpectedly. In our custody/ parenting agreement my ex was supposed to have a life insurance policy for $250,00 with me as the beneficiary. Shockingly he let the policy lapse so there was no life insurance paid to me. I have hired an estate attorney and am suing the estate to recover the $250,000. The policies were intended to take place of child support in the event either one of us died. The estate is getting ready to wrap up in January and from what I understand there is enough money to cover all the expenses.

    Would the money I receive from the estate be considered a marital asset and be divided between my current spouse and I?

    thank you


    -Jen

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is Money Considered to Be a Marital Asset in Divorce

    Generally support received from the other parent (who is not the spouse you a divorcing and not the parent of the child entitled to the support) would not be a marital asset. Also, inheritances received generally are not marital assets either.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is Money Considered to Be a Marital Asset in Divorce

    Quote Quoting JD1234
    View Post
    My question involves a marriage in the state of: Florida

    Hi all,
    I will be filing for divorce from my husband in the next two months. I actually consulted an attorney last week and completely forgot to ask him about this so I am hoping that someone can give me some guidance.

    I have a child from a previous relationship. Her biological father passed away 2 years ago unexpectedly. In our custody/ parenting agreement my ex was supposed to have a life insurance policy for $250,00 with me as the beneficiary. Shockingly he let the policy lapse so there was no life insurance paid to me. I have hired an estate attorney and am suing the estate to recover the $250,000. The policies were intended to take place of child support in the event either one of us died. The estate is getting ready to wrap up in January and from what I understand there is enough money to cover all the expenses.

    Would the money I receive from the estate be considered a marital asset and be divided between my current spouse and I?

    thank you


    -Jen
    No, that would not be a marital asset.

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