Areas of Law / Divorce and Family

I am in an unhappy marriage. My elderly mother will leave me a considerable sum of money when she dies, and I would like to know whether my husband would be able to claim half my inheritance should we get divorced after her death. Is there any way this money could be protected so my son and I would not be penniless should the marriage break down?

Your mother could set up a trust fund for you (or your son) with this money – but you then wouldn’t have access to the capital either. You should discuss this with your mother and a solicitor to see if it would be worthwhile. Even if you were to divorce now your husband could attempt to claim some of the money you are due to inherit. A court wouldn’t necessarily split your assets 50/50.

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