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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am divorcing my hubby after 27 yrs. He makes twice as much

Customer Question

I am divorcing my hubby after 27 yrs. He makes twice as much as me but I would like to do this prior to a large inheritance I am receiving. The reasons do not matter anymore but they are very valid. I got my own place (I am a school principal and do fairly well.) and we are (at this time) getting along pretty well. Much better since the 'inheritance' in now in the mix. Fortunately, my parents set it up in a Trust with my siblings and hubby can't touch it.
I am going to get an Attorney but would like some 'pre advice' to make my communication with them astute and intelligent; basically not 'starting from scratch'. This has been coming for a very long time and it IS TIME. Let's get started. Can you help? I am ready for a 'Do Over' at 49yrs old and am looking forward to a happy positive life.
I would like to set up an 'on line' legal consulting and would be willing to pay a fair amount.
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
Gifts and inheritance are not part of the marital property that will be divided up in a divorce by the court. As such, you are in the clear and he cannot access your inheritance. The fact that this money is in a trust means that it should not be directly counted towards your net work relative to what you may receive in alimony either. As a point to work with when you meet with your attorney, you may want to have the trust amended such that you cannot get withdrawals from it until you reach a certain age (if that is not already the case). The reason for this is that if you cannot make any withdrawal at the time of the divorce, it cannot be counted towards your net worth and reduce your alimony. So, relative to the situation in which you describe, you are in a very good position. He cannot access your inheritance and because it is in a trust, it should not affect your alimony to any real degree. If it looks like it will, you may have it amended such that you cannot access it for a while (assuming your parents are still alive). Let me know if you have any other questions. Please also rate my answer positively. Note: I will be away from the computer for a couple of hours but will be back on as soon as possible to answer any follow-up questions you may have. I want you to be as comfortable as possible as you move forward. Thanks!
Customer: replied 2 years ago.
I will agree to the $36 but this was VERY inadequate. One question answered which was already stated in the Trust.
I'll look further.
Expert:  Delta-Lawyer replied 2 years ago.
It is our goal for you to leave here completely satisfied. I am sorry that is not the case yet. What other questions do you have specific to this process?