Dividing Property and Assets in 50/50 State…What Factors Change a 50/50 Split? 

Hi Lucelly! The answer to your question is not a simple one and requires additional information, so I would not be able to make that determination here. I highly recommend calling into out firm or attending a free Zoom Workshop run by one of our attorneys. We hole one each month at a variety of Metro Areas! www.sterlinglawyers.com/wisconsin/events/

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So not a lawyer however look at considerations. If no children and the inheritance was not used ( the corpus-principal or the income derived from the asset) to support a lifestyle then it logically is the inheritors asset alone. Look that presumption up. However if children then income coming from that inherited principal goes to the inheritors account alone, it still could be considered part of the parents obligation requirements to support the children. Just logically speaking, and read through the law with said consideration for the courts in your area. This taken to it’s logical use means that the grantor giving to say a son who is the breadwinner, and the wife has lobbied for a residential control of the children, will witness money going to the ex spouse directly to be the household provider for the benefit of the children. Even though that money was never used or considered by the grantor as necessary for the maintenance and care of the children. If you are the grantor consider giving to a non revocable trust for the benefit of the inheritor but administered by a trusted trustee. In that situation the inheritance can not be considered bu the courts as it is not the inheritors asset or income. The trustee can pay for needs of the children without being required to give anything to the ex spouse. There are times that the ex spouse will be disincentivized to make any effort because there is adequate money and the money goes through her hands on order of the court. Take these scenarios as speculation and spend time in the law library looking through books on family law and cases in your area. The children need to be taken care of but the inheritor does not need to be additionally traumtized and abused by the ex as well as increased income taxes for them. Divorce lawyers will leave you wanting for clarity, and that leads to extended court time, divorce time and something they are finally good at which is adding up their bill and promptly giving it to you. Get them to prepare a petition for the court in a timely fashion, good luck with that. Good luck.