2 Comments Family & de facto law, financial agreements, consent orders
it would be included in the pool to divide but the extent to which it would be divided would likely depend on the size of the pool, how long ago received and when you separated. So say the pool was 100k and the inheritance within that was 10k, then arguably splitting 50k each is little different from 55-45. But, if the inheritance was 50k then a 75-25 split is clearly not appropriate.
if you will both be comfortably off no matter what the split then maybe it matters less to you, but if it were to make a material difference then arguably that adds weight to altering a split, which a court would likely do.
how long ago was the inheritance? how big as a percentage of the overall pool?
If it was inherited 20 yrs ago then the value would have diminished away as far as the way a magistrate would interpret it... But if it was only 2 yrs ago then I reckon a family law magistrate would be more likely to quarantine that $$$ from the asset pool