Divorce or dissolution of civil partnership typically involve the division of marital assets, but what happens to an inheritance? Can an ex-partner claim an inheritance after the divorce or dissolution is finalised? This article explores the legal nuances of inheritance and divorce or dissolution in the UK to provide a clearer understanding of the situation.

Does inheritance get split in a divorce or dissolution?

Concerned about your ex-partner claiming your inheritance? The division of inherited assets during a divorce or dissolution isn’t straightforward. While inherited assets (received before or during marriage) are usually considered separate, the distinction between matrimonial and non-matrimonial assets can be unclear and it is important to seek specialist family law advice about this.

Factors influencing this include the timing of the inheritance, its use during the marriage or civil partnership, and the value of other marital assets. If inheritance funds were used for joint expenses like a mortgage, holiday home, or car, they might be seen as matrimonial assets.

Your divorce solicitor will aim to protect your inheritance as a non-matrimonial asset, but the court considers various elements to decide whether it should be divided.

Siân McKernon

Siân McKernon

Solicitor | Family

023 8008 2453

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Can an ex-partner claim inheritance after divorce UK?

An ex-partner can potentially claim your inheritance after divorce or dissolution, provided they have not remarried or entered into a civil partnership, and there is no financial order in place that prevents them from making such a claim.

Inheritance during marriage or civil partnership

During the course of a marriage or civil partnership, if one partner receives an inheritance, it can become a point of contention in divorce or dissolution proceedings. Generally, an inheritance received by one partner is considered their separate property.

However, if the inheritance is mingled with marital assets, such as being deposited into a joint account or used for family expenses, it can be treated as part of the marital estate and therefore divided as part of the overall financial settlement

Inheritance and divorce or dissolution settlements

When a couple divorces or dissolves their civil partnership, the court aims to achieve a fair division of assets, considering various factors such as the length of the marriage, contributions to the marriage, and each party’s financial needs. Inheritances can be included in the financial settlement, particularly if the inherited assets were used for joint purposes or have become intertwined with marital finances. They can also be used if the needs of the parties cannot be met unless the inheritance is used.

Factors the court considers:

  1. How the inherited funds were used during the marriage or civil partnership plays a critical role. If they were used for joint purposes, they are more likely to be included in the settlement.
  2. The court examines the financial needs of both parties and may consider the inheritance if it helps meet those needs.

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Post-divorce inheritance

After a divorce or dissolution is finalised, any new inheritance received by an ex-partner typically remains their separate property and is not subject to claims by the former partner. However, there are exceptional circumstances where an ex-partner might claim against an inheritance received post-divorce or dissolution:

  1. If financial claims were not fully resolved or if a financial order allows for future claims, an ex-partner could potentially claim a portion of the inheritance.
  2. Under certain conditions, previously agreed financial settlements can be varied if one party’s financial situation changes significantly post-divorce or dissolution, such as receiving a substantial inheritance.

Protecting inheritance

To protect an inheritance from claims in a divorce or dissolution, consider the following measures:

  1. Prenuptial and postnuptial agreements: These agreements can specify how inheritances will be treated in the event of a divorce.
  2. Keeping inheritance separate: Avoid mingling inherited assets with marital assets by keeping them in a separate account and not using them for joint expenses.
  3. Trusts: Setting up a trust to manage and protect inheritance can provide an additional layer of protection against claims during divorce or dissolution proceedings.

While an ex-partner’s ability to claim an inheritance after divorce or dissolution depends on various factors, clear legal strategies and careful financial planning can help protect inherited assets. Understanding the legal landscape and seeking professional advice is crucial in navigating these complex issues.

How Moore Barlow can help

Our legal team provides expert advice and representation for divorce finances and financial settlements, helping clients navigate complex financial issues and achieve fair and equitable outcomes.

Our experienced family lawyers are here to provide you with expert advice and guidance on all aspects of divorce finances. Our aim is to help you move forward with your life, with the peace of mind that comes from knowing that your financial future is secure.

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Helping you with your divorce and separation needs

Our legal team provides expert advice and representation for couples during the key relationship milestones, helping you navigate the complexities.

Find out more


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