Can My Ex-Spouse Claim My Inheritance in a Divorce?

Is Inheritance a Matrimonial or Non-Matrimonial Asset?

On divorce, the court approaches the finances in three stages: it identifies the assets, values them, and then decides how to distribute them fairly. Distribution is guided by three principles – needs, compensation and sharing. Of these three principles needs and sharing are the most relevant. Assets are categorised as either matrimonial property (built up by the couple during the marriage, which is shared, usually equally) or non-matrimonial property (owned before the marriage or received from an outside source, such as an inheritance).

Inherited wealth is normally treated as non-matrimonial property because it comes from an external source. Following Standish v Standish [2025] UKSC 26, the position is now clear: the sharing principle applies only to matrimonial property, so genuinely non-matrimonial inheritance is not automatically taken into account. However, crucially, non-matrimonial property can become matrimonialised, that is, treated as matrimonial, depending on how the couple dealt with it during the marriage. And separately, even non-matrimonial assets can be drawn on where they are needed to meet the parties’ needs.

When Can the Court Share My Inheritance?

There are two main routes by which an inheritance can end up being shared. The first is matrimonialisation: if the inheritance was mixed into the family’s finances, used to buy the family home, or otherwise treated as a shared resource, the court may conclude that it has become matrimonial and so subject to sharing. The second is needs: even where an inheritance remains non-matrimonial, the court can invade it if the matrimonial assets are insufficient to meet both parties’ reasonable needs. As family lawyers often put it, needs conquer all. The needs of any minor children take priority.

Kelly’s Experience: Keeping an inheritance separate in practice

If you have inherited wealth at the time that you get married or there is an expectation that you will inherit down the line, then it is worth entering into a pre-nuptial agreement that identifies such wealth as Separate Property and provides for it to remain with you in the event of a divorce. It is important to then remember the terms of the pre-nuptial agreement throughout the marriage and act in accordance with it – if assets are to maintain Separate Property status, then it should be kept separate and not mingled with other family funds. All too often people go to the trouble of entering into a pre-nuptial agreement and then consigning it to a drawer never to be looked at again. They may then be shocked to learn that an inheritance has become matrimonialised because it has been incorporated into the family finances and shared.

Does It Matter When I Received the Inheritance?

When an inheritance is received is less important than how the funds have been treated by the couple during the marriage.

Inheritance received before the marriage

Wealth inherited before marriage is more likely to be regarded as non-matrimonial, particularly if kept separate.The best protection is a pre-nuptial agreement recording that the inheritance is to remain the separate property of the person who received it. A nuptial agreement is not automatically binding, but if properly prepared it carries significant weight. Even so, if the money is genuinely needed to meet housing or other essential needs, its provenance may not be enough to protect it entirely. And if it has been used by the family during the marriage it may have become matrimonialised and subject to the sharing principle.

Inheritance received during the marriage

Here the court will look at how the funds were treated during the marriage. If the inheritance was merged into the family’s finances, it may be found to have matrimonialised and become divisible. If it was kept in a separate account in the sole name of the inheriting spouse and never mixed, it is far more likely to be ring-fenced as non-matrimonial, though still available to meet needs. Standish v Standish is the leading authority on how this matrimonialisation analysis is now carried out.

Inheritance received after separation but before the financial settlement

The same principles apply, but the fact that the inheritance was received after separation is a point in favour of protecting it. It will still be taken into account and can be used to meet needs, but the post-separation timing is a strong argument against it being shared more widely.

A future or expected inheritance

Parties must disclose any expectation of a future inheritance. In most cases an expected inheritance is left out of account, because there is no certainty it will be received (it is always open for people to change their will) or within what time frame. The exception is where receipt is effectively certain and likely soon, for example under forced-heirship rules in some countries, in which case it may be taken into account.

Inheritance received after the divorce

It is always essential to ensure that you obtain a proper financial order upon divorce or you leave the door open to problems in the future. If you divorce without a financial order dismissing financial claims then those claims stay open indefinitely. A former spouse could therefore bring a claim against an inheritance you receive long after the marriage ended. A financial order, ideally including a clean break, is the only way to close this off.

Kelly’s Experience: The post-divorce inheritance trap

2015 case of Vince v Wyatt is the most well-known cautionary tale of how important it is to obtain a financial order on divorce. This couple married in 1981 and had a child. They separated in the mid-80s and divorced in 1992 but did not obtain a financial order. At the time they lived a New Age traveller lifestyle with very little means. Following the divorce Mr Vince founded a company that become worth many millions of pounds. In 2011 – almost 20 years after their divorce – Mrs Wyatt brought her claims for financial remedies. Had there been an order at the time of the divorce she would have been prevented from making a claim but as no order had been made, she was permitted to bring her claims and was awarded £300,000.

Will My Inheritance Be Split 50/50?

Unlikely. Where an inheritance is drawn into the settlement, it is usually to meet needs rather than to be divided equally, and the amount depends on the size of the needs, the length of the marriage, the standard of living, and the value of the inheritance relative to the other assets. In Y v Y [2014] EWHC 2920 (Fam), the bulk of the wealth was a country estate that the husband had inherited. After a long marriage with several children, the wife was awarded around one third of the inherited assets to meet her needs, despite the husband’s argument that this would force a sale of his family estate. It illustrates that even substantial inherited wealth can be invaded where fairness and needs require it, but it will not simply be split equally.

How Can I Protect My Inheritance From Divorce?

Inherited wealth can often be protected with careful planning, ideally well before any difficulties arise. The main protective measures are:

• A pre-nuptial or post-nuptial agreement recording that the inheritance is to remain separate property.
• Keeping the inheritance entirely separate: ideally held in a sole account, not used for family spending, and not put towards the family home or joint assets.
• Holding the inheritance in a trust, where appropriate, for the benefit of children or future generations.
• On divorce, securing a financial order with a clean break, so that no claim can be made against future inheritances.

It is highly advisable that if you have inherited or expect to in the future that you take proper advice, and the earlier the better. Once a divorce is in prospect the options narrow, so the best time to take advice is in advance.

Kelly’s Experience: Protecting an inheritance with a nuptial agreement

I have recently prepared a pre-nuptial agreement designed to protect a substantial future inheritance in circumstances where both parties have been married before and have children from their previous marriages. The pre-nuptial agreement was designed to ensure that the inheritance will be passed down to future generations rather than being mingled into this marital partnership

Getting Advice on Inheritance and Divorce

Whether an inheritance is protected on divorce depends on the particular facts: when it was received, how it was treated, the size of the needs, and what protection was put in place. The court has a broad discretion to reach a fair, bespoke outcome, and inherited wealth is not automatically excluded from that exercise. The good news is that with the right planning, much can be done to protect it.

At Payne Hicks Beach, our family team advises both on protecting inherited wealth, through nuptial agreements and structuring, and on the court’s likely approach on divorce. Having acted in Standish v Standish, we have a particularly deep understanding of how non-matrimonial property is treated. If you would like advice, we would be glad to help.