Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #23:
After twenty-six years of marriage, my wife and I are getting a "no-fault" divorce in the state of Massachusetts.

My wife stands to inherit approximately $200,000 in cash reserves from her parents.

Also, within a few years, she will be appointed as a trustee to her uncle's trust, where she currently stands to receive a beneficial interest. Said trust is worth approximately $5,000,000. Her uncle and aunt have no children.

What consideration, if any, will the courts give to these two factors, when determining the "opportunity of each for future acquisition of capital assets and income"?

Answer:
As you clearly point out in your statement, these items of financial value are all potential and do not presently belong to her. No court could rightly consider a potential inheritance or trusteeship in determining present income or assets.

Nevertheless, you should make every effort to provide the court with the documentation showing that she will in fact receive these items and that her future income will be secured by her inheritance. This may provide the court with some comfort and allow it to make a more liberal decision regarding your requirement to provide spousal support.

Also, if there is a question of child support, an inheritance or other assets are generally taken into consideration in determining the responsibilities of each party.

Leonard M. Weiner, Esq./Divorce Solutions

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