An inheritance is not divided in a Georgia divorce, but it counts when the court decides alimony, and part of it can even be awarded as alimony.
Separate Property, but Not Ignored
Alimony is different from equitable division. Under OCGA 19-6-5(a), the court may award alimony “either from the corpus of the estate or otherwise,” and it must consider each party’s “financial resources” and “separate estate.”
Inheritances That Arrive During the Case
In Hand v. Hand, 244 Ga. 41 (1979), the husband argued that property he inherited after the divorce was filed should have been kept from the jury deciding alimony. The Georgia Supreme Court held the argument was without merit.
In Baldree v. Baldree, 251 Ga. 481 (1983), the husband’s uncle died leaving him about 300 acres, but the estate had not been distributed when alimony was tried. The court held that evidence of it should have gone to the jury: “Although Howard Baldree’s inheritance was not yet a fixed or certain amount at the time of this trial, it was nevertheless an asset, evidence of which should not have been kept from the jury.”
Searcy v. Searcy, 280 Ga. 311 (2006), went further, holding that “a portion of Husband’s undivided interest in the estates of his late parents may be awarded as alimony.”
An Expected Inheritance Is Different
In Meeks v. Kirkland, 228 Ga. 607 (1972), a decree gave the wife half of whatever the husband would one day receive from his still-living father. The court held that part of the decree “utterly void,” because such an expectation “could not be a part of his estate out of which an allowance of alimony could be made.”
Likewise, in Moore v. Moore, 240 Ga. 588 (1978), an alimony verdict was reversed after the wife’s lawyer invited the jury to consider the wealth of the husband’s father.
So the line is the relative’s death: before it, speculation; after it, an asset.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!