Legal questions for my Nano novel

rhymegirl

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I tried to read through the posts in the sticky to see who could help me with these legal questions I have, but there were too many to read through.

Specifically, I need to know about the rights of couples when they are either breaking up, divorcing, trying to divide up property. And if one person wins money or receives an inheritance, do they have to share it 50-50 or does all of it go to the one who won/inherited it?
 

Siddow

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Inheritance does not get divided, but any earnings from money inherited will. Say I inherit a quarter million dollars and put in a 6-month CD at 5%. At the end of 6 months, my husband leaves me, thinking he can take half of the entire amount. But no! He can only get half of what it earned, so I'd cut him a check for three grand and send him packing.

With winnings, though, I'd think those would get split, just like any other earned asset.

Not talking as a lawyer, just as someone who divorced a spouse who inherited money during the marriage. Dang. Couldn't touch it.
 

Dawno

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It could vary from state to state, as well. If you know what state your characters are living in, try Googling something like I did "inheritance divorce law florida" and see what you get. I found this link: http://divorcelawinfo.com/states/fla/florida.htm and in it there was this:

Property Division
Florida is an "equitable distribution" state. Each spouse can retain their non-marital property. Non-marital property is all property acquired prior to the marriage, or acquired by gift or inheritance, or any property that the spouses agree is non-marital property in a written agreement.
 

JanDarby

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I need to know about the rights of couples when they are either breaking up, divorcing, trying to divide up property. And if one person wins money or receives an inheritance, do they have to share it 50-50 or does all of it go to the one who won/inherited it?

It depends on the jurisdiction (state), but even then it's too broad a question to answer fully.

Here in Massachusetts, an inheritance (or lottery win, etc.) during the marriage would, in fact, be considered as part of the marital assets -- even the prospect of a future inheritance is considered. That doesn't necessarily mean it would be divided 50/50, rather than going to the person who inherited it, but it could be. In fact, the spouse of the person who inherited might even get more than 50%, in the case of, say, a long marriage (over 15 years or so; I forget the exact number that's considered "long"), where the husband, who's earning a million bucks a year as a CEO, is the one who inherited, and the wife has no marketable job skills, because she's been at home during the marriage, without a paid job, so he's going to be able to continue being a CEO and earn a million bucks a year, but she's going to get only a minimum wage job, so the court could award her the larger chunk of their liquid assets, on the theory that the husband/CEO is going to be able to accumulate new liquid assets, and she would be struggling to meet her most basic expenses. (Or vice versa; if it's a long marriage and the husband is, say, in ill health and unable to work, but the wife is a brain surgeon, earning a hefty salary, and then the husband might get more of the assets.)

In Massachusetts -- and I believe there are other comparable states -- it's a matter of trying to even out the couple's future assets and income a bit, rather than a simple 50/50 split of assets, based upon where they came from or when they were acquired. It's all very dependent on the exact situation, although a 50/50 split of everything is usually the starting point. Well, unless it's a really short marriage or there are other complications.

JD, not giving individual legal advice, just general information.
 

rhymegirl

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Well, actually, I should have specified that in my novel the couple is living together, not actually married. But since the guy contributes more financially than she does, he feels he is entitled to half of her winnings. He pays the rent, pays most of the bills. I mean, even if legally, he has no rights to the money, he still thinks he is entitled to some of it based on their relationship.
 

Siddow

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He has zero rights to anything of hers, unless they live in a state that would consider them common-law married.

But that certainly can't stop him from suing her anyway.
 

JanDarby

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There's still common-law marriage in a few states, but generally the whole "palimony" thing is still a mess, as far as I know, and there are no clear answers (not even as marginally clear as the answers in divorce), but it's entirely dependent on whether he can prove some sort of oral contract or unjust enrichment or the like.

JD, not giving individual legal advice, just general information.