(800) 973-1540

Does my ex-wife have a claim on my inheritance?

1 answer | Last updated: Nov 15, 2014
wtcjojo asked...

I was married for 27 years and am now divorced. My father is about to pass away. Does my ex-wife have any claim to the inheritance I will receive from my father?


Caring.com User - Steve Weisman
Caring.com Expert
Send a Hug or Prayer
Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
50% helpful
Steve Weisman answered...

Divorce law differs in many aspects from state to state and in addition, if you and your ex-wife had a separation agreement that became incorporated into the divorce judgment of See also:
Revocable Living Trusts: A Beginner's Guide
the court, the terms of that agreement as they applied to future inheritances would control. However, that being said, generally claims for division of property are not allowed after the initial judgment of divorce. This would mean that she could not make a claim for a share of the inheritance that you may receive. However, if your divorce judgment still allows for the possibility of alimony or a modification of any alimony order already made, your inheritance could affect your ability to pay increased alimony. If, however, your divorce judgment does not provide for alimony, she would not be able to make a claim either directly or indirectly on your inheritance.