$3 million post-separation inheritance – part of the pool?

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HomeNews$3 million post-separation inheritance – part of the pool?

$3 million post-separation inheritance – part of the pool?

The Full Court of the Family Court considered a 15-year marriage where the husband inherited $3m post-separation. The total pool of property to be divided between the parties including the inheritance was $7.4m.

The parties were appealing the original decision.

The husband was employed sporadically as a valuer and suffered from depression. The wife was in constant employment as a pharmacist and her income after tax was approximately $250,000 per annum.

There were 2 children of the marriage.

The court held that the wife’s contributions were superior during the relationship, but this was balanced by the husband’s post-separation inheritance. A “global” approach was taken in respect of the pool ie. the inheritance was included.

The court held that the husband was entitled to 52.5% of the pool overall including the inheritance.