Inheritance in Divorce: What’s Yours, What’s Theirs, and What’s at Risk
February 4th 2025
Divorce doesn’t just affect shared finances—it can also raise difficult questions about inheritance. If you’re going through a divorce, you might wonder: Will my spouse get a share of my inheritance? Can I include their inheritance in our financial settlement?
The treatment of inheritance in divorce depends on several factors, like when it was received and whether it was used for marital purposes.
This guide answers your biggest questions about inheritance, including how to protect it, whether your spouse has a claim, and how courts decide what’s fair.
Inheritance and Divorce
Many assume that an inheritance is untouchable in a divorce, a personal gift meant to stay in the hands of the person who received it. But that’s not always the case.
While inheritances are not automatically considered marital property, what happens to them in a divorce depends on how they were used, how long they were married, and what the court considers fair.
The court doesn’t just look at where an asset came from—it looks at how it was treated and whether one spouse has a financial need that justifies including it.
The bottom line? Inheritance isn’t always safe in divorce.
The family court can redistribute assets, including inherited wealth, if it believes it’s necessary for a fair financial settlement. Understanding how this works—and what you can do to protect yourself—is crucial.
Do I Have to Share My Inheritance with My Spouse in the UK?
The short answer? No, inheritance isn’t automatically shared in divorce—but it’s not always protected either.
Whether you have to share your inheritance with your spouse depends on how it was handled during the marriage and what the court considers fair.
Inheritance is more likely to be classed as marital property if:
- It was received during the marriage, especially if it contributed to joint expenses or assets.
- It was mingled with marital finances, such as being used to pay off the mortgage, renovate the family home, or deposited into a joint account.
On the other hand, inheritance is less likely to be seen as marital property if:
- It was received before the marriage and kept separate from marital finances.
- It was used solely for personal purposes, with no benefit to the marriage.
The length of your marriage and your spouse’s financial needs also play a role.
In shorter marriages, inheritance is usually excluded unless heavily integrated into family finances. In longer marriages, or where one spouse is financially dependent, the court may decide that a share of the inheritance should be included to reach a fair settlement.
There’s no blanket rule, but the family court can include inheritance if fairness demands it.
The bottom line is that inheritance isn’t always safe in divorce, and there’s no simple yes or no answer.
Can I protect my inheritance from my spouse?
Yes—but only if you take the right steps. Inheritance isn’t automatically protected in a divorce, but you can take steps to reduce the risk of it being included in a financial settlement.
A prenuptial or postnuptial agreement can outline that inheritance should remain separate. While not automatically binding, UK courts increasingly uphold them if they are fair, both parties had legal advice, and full financial disclosure was made.
Keeping inheritance separate is crucial.
Avoid depositing inherited funds into joint accounts or using them for shared expenses, as this can make them part of the marital pot. If inheritance is used to buy property, a declaration of trust can specify that your share remains separate.
If you inherit after separation but before divorce, avoid spending or mixing it with other assets, as the court may still include it in the settlement.
Documenting the original intent of the inheritance can help. Written statements or evidence that the benefactor intended it solely for you—not as a marital asset—may support your case.
Ways to Protect Your Inheritance:
✔ Sign a prenuptial or postnuptial agreement
✔ Use a trust to ring-fence inheritance
✔ Keep funds separate and avoid mingling with joint assets
Legal advice is essential when dealing with inheritance in divorce, as courts consider fairness over strict ownership rules. Taking these precautions can help safeguard what’s rightfully yours.
Frequently Asked Questions…
Do I have to tell my ex if I receive a large inheritance?
If you have already finalised your financial settlement and it included a clean break clause, which means that neither party can make any further financial claims against the other, you typically don’t need to disclose an inheritance received.
If there is no clean break clause or ongoing maintenance payments, the situation may be different, and you should seek legal advice.
If an inheritance is received after a financial settlement is approved, it is generally considered a post-divorce windfall and is not subject to claim by your ex-partner.
However, it is always wise to seek legal advice to ensure you understand your obligations and the implications of any post-divorce windfalls on your financial situation.
Can my ex make a claim on my inheritance years after our divorce?
Divorce settlements are meant to be final, but without a clean break order, your ex could make a financial claim against you in the future—even if you’ve already received your inheritance after the divorce.
Courts have the discretion to consider later-acquired assets in certain cases, particularly if no formal financial agreement was made at the time of divorce. If you’re concerned about future claims, securing a clean break order is essential.
I used my inheritance to support my spouse—can I get it back in a divorce?
If you used your inheritance to pay for marital expenses—such as clearing debts, funding a home deposit, or covering household costs—it becomes very difficult to claim it back as a personal asset in divorce proceedings.
Courts do not typically “reimburse” contributions, as they focus on fair division of what remains, rather than undoing past financial decisions. If protecting inheritance is a concern, it’s best to keep it separate from shared finances from the start.
Can my spouse claim a share of an inheritance I haven’t received yet?
If you are expecting an inheritance but haven’t received it yet, the court typically won’t include it in a financial settlement—but that doesn’t mean it’s off the table.
If the inheritance is considered a near certainty (e.g., a parent is elderly and has an estate that will be inherited soon), the court may take it into account when deciding on the overall settlement, particularly if financial needs are a key issue.
Can My Ex Claim Future Inheritance After Divorce?
Yes, an ex-partner can claim a future inheritance after divorce unless you legally protect yourself with a financial court order.
Even after your divorce is final, your ex could make a financial claim against your future inheritance—especially if you didn’t get a financial order when settling your divorce and finances.
A clean break consent order legally severs financial ties between you and your ex, preventing them from making future claims, no matter how much you inherit later.
Without a court-approved financial order, your ex could argue for a share, particularly if they can demonstrate financial need.
If you expect to inherit in the future, taking proactive steps can reduce the risk of it being contested, such as:
✔ Securing a clean break consent order as part of your divorce settlement.
✔ Keeping inheritance in a trust, as money held in a discretionary trust is harder to claim.
✔ Ensuring your parents or relatives structure their will properly, such as specifying that the inheritance is to be kept separate from marital assets.
Seeking legal advice now could help protect future assets before an ex attempts to make a claim.
What happens if excluding inherited assets puts one party in a much stronger financial position?
As mentioned above, the key decision for the courts will be to ensure that there is sufficient distribution of assets in any financial settlement to meet the needs of both parties.
If excluding the inherited assets of one spouse means that the other spouse is left out of pocket, then it may be necessary to add the inherited property (or a portion) to the matrimonial pot.
The ring-fencing of inherited assets away from the matrimonial pot is more likely to take place if the inherited assets have been stored separately and are not needed to meet the parties’ needs in divorce.
The level of financial settlement considered to meet the needs of both parties will differ widely on a case-by-case basis. If the married couple became accustomed to a certain level of affluence in terms of their lifestyle this will generally be taken into account.
However, this does not necessarily mean that it will be considered unfair if one party is left in a much stronger financial position due to their own personal inheritance; the courts will look at ‘needs’ rather than equality of division when it comes to non-matrimonial property.
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This post was written by Mark Keenan. Managing Director of Online Legal Services Ltd. Mark has been writing about divorce and related subjects for over 20+ years and is an expert in legal marketing.