Can a husband claim a share of something their wife inherits?

Walter Bishop

My sister is about to begin the process of divorcing her husband, they've been apart four of the last five years etc. They have three kids.

If my sister was to receive an inheritance in the time before they divorce, can the husband claim any part of it, or if for example our parent's house was to be inherited by us and sold, can he claim some part of her share of that due to them still being married or under the guise of 'support' for the kids.

He currently pays minimal maintenance and flat out refuses to pay by standing order, make any declaration of income or debts etc.

Dial Hard

If she inherits during the divorce process then yes, the money will form part of her assets, all of which she will have to declare to the court. However, neither party in an Irish divorce have an automatic "claim" to any portion of anyone's assets, despite the widespread misconception that it's an automatic 50-50 split.

Likewise, he'll be obliged to provide a sworn affidavit of means to the court and they will take a *very* dim view of any attempts to hide assets.

flatty

Just as a matter of interest, would any potential pending inheritance have to be declared?
Also, once a divorce is settled, is that it?
I ask only because of the ray parlour case, where he was made to pay for any potential future earnings also.

snor

If they are divorced and maintenance, family home etc accpi to for, would he have any claim then? Thanks.

Victor

If if was an ordinary situation of a married couple, there would be no entitlement to the other spouse's assets. In a separation / divorce situation, it is the total assets / liabilities / responsibilities that will be consider, not whether someone receives an inheritance as such.

flatty wrote: »

Also, once a divorce is settled, is that it?

No. In theory, either side can come back for another slice of the cake. However, there would need to be good reasons for this.

I ask only because of the ray parlour case, where he was made to pay for any potential future earnings also.

I don't know anything about that case, but Irish divorce law is quite different to the divorce regimes (there is more than one) in the UK.

snor wrote: »

If they are divorced and maintenance, family home etc accpi to for, would he have any claim then? Thanks.

The only likely entitlement would be based on need. To take it to the extreme, one party has a property empire and the other is homeless - there might be an entitlement. Less extreme, one party has a property empire and the other has a one-bed apartment (no children) - an entitlement is much less likely.

snor

Thanks Victor. Even after divorced 5/10 years, ex given financial share of the family home at divorce and has had no change in circumstances e.g. still homeless, not paying child maintenance etc so the Only reason they come loving for more is that the other party Inherited money.

I was under the impression that any wealth gained post divorce from either party could not be contested unless it was maintenance related.

So other than the option of remarrying, what is the advantage of divorce over judicial separation? Thanks again.