Is My Ex Entitled to Half My Inheritance in Our Divorce?

One of the most common questions when people are getting divorced is whether they can keep their inheritance or whether they have to share it with their former spouse.

Our team of expert divorce lawyers in Milton Keynes are here to provide detailed guidance and help tailored to your personal circumstances. In the meantime, this article provides an overview to whether you have to share your inheritance as part of the divorce settlement.

Inheritance is something that is taken into consideration in a financial settlement but how it is treated depends upon the circumstances. The first consideration when looking at a fair and reasonable financial settlement is meeting needs, and in particular the needs of any children under 18, and if inheritance is required to meet needs, then it will be taken into consideration.

However, if there are sufficient assets to meet needs, then it is more likely that the person who receives the inheritance will be able to keep that inheritance. It also depends upon how the inheritance has been treated and whether it has been kept separate. For example, it may have been put into a bank account in one person’s sole name and always kept separate. Whereas, if the inheritance has been used to put down a deposit on the family home, then it is harder to argue that that inheritance should be retained by the person who brought it into the marriage.

Unlike the family home or a joint bank account or joint investment, inheritance is not a matrimonial asset. It is a non-matrimonial asset and depending upon the particular circumstances of the divorce, it is a question of whether it should be treated as a matrimonial asset and brought into the matrimonial pot for consideration or whether it should be kept separate and apart and retained by the party who brought it into the marriage.

Inheritance will only be taken into consideration if it has already been received or is about to be received. Whereas if say one party to the marriage has wealthy parents but they are in good health, then any future inheritances that spouse may receive will not be taken into consideration.

There may also be other issues to take into consideration along with an inheritance such as a business or pension assets and that is why it is important to consider all the issues when looking at a fair settlement.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise you about your divorce settlement. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.