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  1. #1
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    Dec 2005
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    Default Divorce Law Inheritance

    A friend of my husband and I is at the beginning of a of a divorce. She is in Arizona and wants to file in Arizona and he is in Missouri and wants to file in Missouri. He asked for the divorce. He is due an inheritance probably prior to the divorce. (the inheritance is still in probate.) My question is he has been told by his MO lawyer that his spouse can not touch this inheritance. Is this true? Also is she intitled to maintenance beyond child support? Both have full-time jobs and both incomes are not that different. Maybe 10,000 dollars more on his part. Any help would be greatly appreciated.

  2. #2
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    Sep 2005
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    Default Re: Divorce Law Inheritance

    Quote Quoting sissy42
    He is due an inheritance probably prior to the divorce. (the inheritance is still in probate.) My question is he has been told by his MO lawyer that his spouse can not touch this inheritance. Is this true?
    In all likelihood, yes. First, an inheritance is generally treated as separate property, apart from the marital estate. Second, the marriage broke up before the inheritance was received. (At this rate, they may be divorced first.)

    Quote Quoting sissy42
    Also is she intitled to maintenance beyond child support? Both have full-time jobs and both incomes are not that different. Maybe 10,000 dollars more on his part.
    On those facts, it doesn't sound like there's much of a case for spousal support.

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