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Spouses entitlement to other spouses inheritance, when seperating?

  • 30-09-2007 6:22pm
    #1
    Diamondmaker
    Registered Users, Registered Users 2 Posts: 1,882 ✭✭✭


    Ok I will try again, after reading the charter.

    The scenario is that one spouse wishes to claim half the other spouses recent inheritance as part of the seperation.

    All joint / family assets have been agreed to be split 50/50 but this issue is causing friction as the other spouse does not want to share ANY of the inheritance.

    Is this spouse entitled to half of the others inheritance?

    Is it more coplex than this?

    I am inclined so far, on what I have gleamed, that inheritance is not split 50:50 as, say for example, the family home would be?

    Naturally both lawyers consulted, are advising their client from different perspectives and one spouse has a much weaker understanding of what they are being advised. As a result I would like this matter somewhat explained for my benefit in my capacity in trying to resolve this without too much legal intervention.

    Can anyone, on this forum , please advise.
    Much appreciated.
    DM


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Diamondmaker wrote:
    Is it more coplex than this?

    Yes, very much so. The main principle of divorce/judicial separation is reasonable provision, and this varies greatly. Children, sacrifices (of job opportunities, not of the human/animal kind), earning prospects and behaviour during the marriage are factors to be considered, as would be the communal assets of the couple and the style of life which each has come to be accustomed to.

    Outside of that it seems to be a balance between how much each has brought to the marriage (financial and otherwise) and many of the individual circumstances between couples. A lot depends on the judge who hears the case.

    As tolstoy wrote: happy couples are all alike, unhappy ones are unique as to their own fashion. The fact that every couple is different and the high level of complexities involed in severing the arrangement of a lifetime means that there is no right or wrong answer for every circumstance, and this is why legal advisors come in.

    There might also be issues as to the hypothetical inheritance.

    So this may be why, in such a hypothetical situation, one legal advisor suggests one thing and the other another. However, even if the legal advisors have different opinons on the sharing of assets, they are, in all probability, united in advising that settling is much better - for both parties - than it is to fight it out.

    Without knowing all the cirucmstances it would be very difficult to have a reasoned opinion (and this is not an invitation to furnish more information btw). The only thing I would say is that even if one separating/separated spouse gets an inheritance in their name only, it is not immune from being divided among the spouses/former spouses.


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