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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 Guest

    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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