Divorce can be an emotionally and financially challenging process, and one of the biggest concerns for individuals going through it is how their assets will be divided. If you have received or are expecting an inheritance, you may be wondering whether your ex-spouse can make a claim against it. The answer is not always straightforward, as it depends on several legal and factual considerations.

Is Inheritance Considered a Marital Asset?

In England and Wales, after a long marriage the starting point for financial settlements in divorce is an equal division of assets. However, not all assets are automatically included in this division. Inheritance is generally considered a non-matrimonial asset in the first instance, meaning it is not automatically subject to division. However, there are circumstances where it may still be brought into consideration, particularly if:

• The inheritance was received during the marriage and has been mixed with matrimonial assets (e.g., used to buy a family home, deposited into a joint account, or spent on shared expenses).
• The needs of one party (or children) cannot be met without invading the inheritance.
• The inheritance was expected imminently at the time of divorce and is substantial.

How Courts Treat Inherited Wealth

The courts have broad discretion when dividing assets, and they will consider factors such as:

1. The Timing of the Inheritance – If the inheritance was received long before the divorce and has been intermingled with marital assets, it is more likely to be treated as part of the matrimonial pot. If received post-separation, it is usually excluded, subject to needs.
2. How the Inheritance Was Used – If you have kept the inheritance separate, such as in a personal account or investment, it is less likely to be shared. However, if it has been used to improve the family’s standard of living, buy a home, or pay off debts, it may be harder to ring-fence it.
3. Financial Needs of Both Parties – If your ex-spouse has a financial need and the inheritance is the only available resource to meet their needs (especially where children are involved), the court may consider it.
4. Future Inheritances – If one party is set to inherit substantial wealth in the near future, the court may factor this into their decision, though they are typically hesitant to include assets that are not yet received.

Protecting Your Inheritance in Divorce

If you are concerned about an ex-spouse making a claim on your inheritance, there are steps you can take to protect it:

• Pre-Nuptial or Post-Nuptial Agreements – These can specify that inheritance remains separate from marital assets.
• Keeping the Inheritance Separate – Avoid mixing inherited money with joint finances or using it for family assets.
• Trusts and Estate Planning – If the inheritance is held in a trust, it may be harder to claim against.

Final Thoughts

While inheritance is not automatically considered a marital asset, it can sometimes be taken into account in divorce proceedings, particularly where financial needs dictate. If you are concerned about protecting your inheritance from a claim by your ex-spouse, seeking legal advice at an early stage is crucial. Every case is different, and a solicitor can help you understand your rights and the best course of action for your circumstances.

At Lewis Denley Solicitors, our experienced family law team can provide expert guidance on financial settlements, inheritance, and asset protection in divorce. Get in touch with us today to discuss your situation and how we can help safeguard your future.