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If I have been separated for 2 years and during that separation my spouse acquired settlement from his grandmas house

Harrisburg, PA |

Am I entitled to any of the money my spouse received upon his grandmothers death since we are still married? It was not from a will or life ins, her house was in his name and upon selling got $10,000

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Attorney answers 4


No. Assets acquired after the separation are not marital property to be distributed, but the court will consider non-marital assets in determining the manner in which the marital assets will be distributed. It is one of the factors. However, the funds that you received would be income for support purposes.

My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.


It's impossible to answer accurately without more information.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


Highly doubtful since it was during the separation and although you say not from a Will, it sounds like an inheritance to me, sort of anyway.

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If from the date his name was put on the house and the date you separated from your spouse the value of the house increased, then you may be entitled to a portion of the increase. Also, if marital funds were used to purchase the house or maintain the value of the house then you could seek a credit for contribution towards the equity of the asset even though it may not have been a marital asset.

The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.

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