Inheritance and Divorce: What You Need to Know
Money is often one of the most contentious issues facing couples who are divorcing or dissolving a civil partnership. When it comes to sorting out finances, the law can be complex, particularly if inheritance is involved. Every case is unique, so seeking expert legal advice from an experienced family solicitor is crucial to ensure you reach a fair financial settlement that fits your circumstances.
Matrimonial vs. Non-Matrimonial Assets
Matrimonial assets typically include property, money, and significant items acquired during the marriage because of both partners’ contributions (for example, the family home, cars, or valuable items like jewellery or art).
Non-matrimonial assets are those one spouse owned before the marriage or gained outside of the marriage.
When a couple separates, they first gather their matrimonial assets, which are then subject to division. However, non-matrimonial assets may still be considered in certain situations—particularly if the court determines they are necessary to meet both parties’ financial needs.
Inheritance is frequently viewed as a non-matrimonial asset, depending on when it was received and how it was used within the marriage.
Inheritance and Divorce
The key questions that often arise concerning inheritance include:
- Did one partner receive an inheritance during the marriage?
- Has the inheritance been integrated into family finances?
- Will the inheritance be needed to satisfy financial requirements?
While inheritance is commonly seen as belonging solely to the individual who received it, the court may decide that it should form part of the “matrimonial pot” under certain circumstances. This typically happens if other resources are insufficient to ensure a fair outcome or if the inheritance has become intertwined with the couple’s joint finances.
How HM & Co. Solicitors Can Help
At HM & Co. Solicitors, our specialist family law team understands that inheritance can be a highly sensitive issue during divorce proceedings. Our solicitors have extensive experience in handling these complexities and will tailor their advice to your unique situation, guiding you through every step with clarity and compassion.
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
If you need help resolving inheritance matters or any aspect of matrimonial finances, we are here to support you. Our priority is to ensure you receive the best possible outcome for your circumstances.
Your Questions, Answered
FAQs
Inheritance and Divorce FAQs
Is inheritance included in divorce settlements?
Inheritance is often treated as a non-matrimonial asset, typically because it is left to one person rather than the couple jointly. However, the courts assess every case individually, taking into account each party’s circumstances. In certain situations, inheritance may be included in the financial settlement—particularly if it was received during the marriage, used for joint purposes (e.g., purchasing a family home), or kept in a joint account.
What about future inheritance I might receive?
If you are likely to inherit soon, you must declare this as part of your financial disclosure. Under the Matrimonial Causes Act 1973, the court may consider future financial resources. Nonetheless, because there is uncertainty about whether or when an inheritance will be received, it rarely carries substantial weight in the overall settlement.
Can an ex-spouse claim on inheritance received after the divorce?
This depends on whether you have a ‘clean break’. If your financial settlement includes a clean break (with capital and income claims dismissed), any inheritance received after finalising the divorce cannot be claimed by your ex. However, if spousal maintenance is still in place and no clean break has been achieved, there might be a possibility for them to seek a lump sum (capitalisation of maintenance) using assets you inherit post-divorce.
What if I inherit assets after separation but before the divorce is finalised?
In this scenario, any inheritance received may be considered non-matrimonial, as it was obtained after the couple separated and is unlikely to have been shared. Still, if there are insufficient funds to meet both parties’ reasonable needs, the court may look to the inheritance to fill any financial gaps.
How can I protect my inheritance in the event of divorce?
A well-drafted nuptial agreement (either a prenuptial or postnuptial agreement) can help safeguard your inheritance. Although not legally binding, courts often give considerable weight to such agreements, particularly if they were fairly negotiated and both parties had independent legal advice. This approach is especially useful for second marriages or where you wish to ensure certain children benefit from your estate.
Need Advice? Contact HM & Co. Solicitors
For personalised guidance about inheritance and divorce, contact HM & Co. Solicitors:
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We provide clear, specialist advice to help you navigate the complexities of family law.
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