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NSW 5 Years After Separation - Husband with Debt and Inheritance

Discussion in 'Family Law Forum' started by vicky evelyn, 20 June 2015.

  1. vicky evelyn

    vicky evelyn Member

    19 June 2015
    Likes Received:
    Have been separated for 5 years and married for 27. I left my husband with our debt, but left only with my clothes and spare car. I left him with all the household goods in our rented house. I had to get a loan and start again. He has now paid off our debts but says that I am now not entitled to his superannuation because of all the interest he has paid on it.

    Our debt was around $20 or 30 thousand. His super is around $150 to 200 thousand, almost 10 times mine. His mother also passed away recently during our separation and he received a $200k inheritance from sale of the house. He has a new partner and has made a point of telling me that her parents are multimillionaires in their 90s and he is going to be a very wealthy man. He has offered me $10k.

    We have three children but left the marriage when they were grown up and working. 2 of the children lived with him for a very short while after I left, just a few months.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi Vicky, generally inheritances received after separation remain the property of the beneficiary and are not shared with their ex, however there are situations in which a court will decide that it should be included in the asset pool for the determination of a property division. For example if there are very limited funds available in the asset pool, it is more likely that a court will include the inheritance in the asset pool for division, even if it was received after separation, especially where the non-beneficiary partner made a significant financial or non-financial contribution to the relationship.
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