Can I compel my husband to disclose the amount of his inheritance during a disputed divorce?
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So legally speaking, the answer to your question here is generally no – it doesn't make a difference. The inheritance is separate property and it's not included in any kind of settlement negotiations and isn't a part of mediation or the court's orders. I know you don't want the inheritance; however, the law will only look to what the marital property is here and will require it to be divided equally.
As far as his 401k, for the part acquired during the marriage, you would generally be entitled to 1/2 of it, but the court will require you two to mediate a final settlement.
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If divorce is disputed can I compel my husband and lawyer to disclose the amount of his inheritance right when he got it?
I think he has hid some of it and given some to his sister to hold. He got $750K and it is in stocks and bonds and also some liquid. I want to prove that he is choosing to live in luxury apartments and could have bought a house and paid off his truck. I do not want nor can I get his inheritance, but I want to prove that he is not hurting for money. He wants to say the support he gives me now should be deducted from the settlement. I am entitled to 50% his 401 K and division of debts. The house is in my family's name so he cannot take that.
Hello! Legal Eagle here. I'm reviewing your issue in detail.
What proof have you found to suggest he received the inheritance?
I saw it and he did taxes with me last year and the firm it is with sent a tax letter. It only reported 100k but that's not all of it. Also his sister and him sold their dad's house in August 2023 and it was for $330K.
His dad passed in May 2023. He left the house in May 2024. There is adultery but I didn't find out till after he left.
Got it – so you're wondering if him getting his money is a basis to change the previous order and settlement?
I have not filed yet. I decided to wait out the year instead of fault-based even though it should be.
Got it. Was there any other facts you'd like to add before I answered your question?
I want to have a settlement that is fair but if he fights me I need to know what to do.
So legally speaking, the answer to your question here is generally no – it doesn't make a difference. The inheritance is separate property and it's not included in any kind of settlement negotiations and isn't a part of mediation or the court's orders. I know you don't want the inheritance; however, the law will only look to what the marital property is here and will require it to be divided equally.
As far as his 401k, for the part acquired during the marriage, you would generally be entitled to 1/2 of it, but the court will require you two to mediate a final settlement.
He did not start working till 2 years after marriage so I could be entitled to half. He stowed away a lot in it because he has been preparing to leave for years so he doesn't want to give it up.
Okay, I want to mediate but he's very difficult and he has all the money.
So you'd be entitled to the half earned after the marriage, correct. Anything prior to the remarriage or inheritances are just not included.
He wants to work out getting our son 50/50 just on paper to reduce what he owes.
Because he said that needed to be worked out before he would agree to divorce settlement.
So, he would be compelled to show me the 401 K amount as of the date he left?
I hear you! Mediation can be exhausting. Nevertheless, it's good if it's worked out ahead of time, but not required – the court will require mediation if you two don't work it out.
Also, yes, he has to disclose all of his assets and income to you.
I hope they will, but here it is optional and it goes to trial if things are disputed which costs a lot.
I hear you! 99% of the time, there is no trial. Mediation is usually where it gets resolved. The court will prefer you guys mediate this.
Hello! I want to make sure ALL of your concerns were addressed. Did you have any concerns about this that still need to be addressed? I'm happy to help.
So I haven't heard from you in a while, but that's ok! I hope I’ve provided the information you were seeking. If you need more help, please let me know so I can continue to assist you.
