Lakewood, NY Divorce Law Firms & Lawyers

Marital assets are subject to equitable distribution in a divorce, 50-50 under New York law. However, an inheritance such as the payout you received from your mother's insurance policy is not a marital asset- it is considered separate property. Therefore you are entitled to keep the full inheritance, with no need to split it and no set-off against other assets. You would be within your rights to take the full value of your inheritance and deposit it into a separate account.  

You can't scam an honest man, so it sounds like there may be more to it than being set up. Regardless, you are entitled to one-half the community property. If she kept her assets separate from you, she probably has a good case that you can't touch them. On the other hand, to the extent that community funds were used to enhance or pay for her property, you may be entitled to one-half of that amount. I suggest you talk with a local attorney and see if there is anything for you. Oh, and if you signed a pre-nup and had the opportunity to run it by an attorney, then you are really out of luck.