Law

A look at how inheritances can affect alimony payments

First things first, you need to understand how inheritances are handled in divorce cases. In general, inheritance is regarded as a separate asset, even if it is inherited during a marriage. Due to the fact that it was a gift, it usually stays with the recipient.

This indicates that the inheritance may not have an effect in terms of asset splitting. Does it play any part in spousal support, if at all?

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Does an inheritance receive by the payee impact alimony?

What takes place if the recipient of spousal assistance is also eligible for alimony? The payee may be awaiting the conclusion of the probate process for an estate or may be aware that someone with a known illness has left them a sizeable gift. Spousal support is unaffected by an expected inheritance. The court’s decision is unaffected by someone’s lack of money until it appears in their bank account.

The amount of support the payee receives will, however, unquestionably vary if they receive an inheritance before the amount of spousal support is set. Spousal support is designed to assist a spouse who earns less after a divorce to maintain their standard of living.

There is no reason for the other party to pay alimony if they can support themselves without assistance from the other party, whether it be through employment, dating another person, or inheritance. Obviously, this depends on the size and longevity of the legacy.

The payee receives an inheritance after alimony is determined.

The court has established spousal maintenance and has begun disbursing funds. What will happen if the payee suddenly finds themselves with a massive sum of money? Alimony payments can be lowered or stopped entirely by the payer by petitioning the court.

The circumstance is comparable to when a payee completes their education, receives a significant promotion, or starts receiving financial support from a new spouse or live-in partner. The court won’t order them to continue receiving financial support from their ex-spouse once their needs are addressed elsewhere. 

Depending on the terms of your divorce settlement, your legal documents can include a provision describing what happens if one partner inherits money or receives a sizable windfall. duysnews

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