Inheritance and Divorce: Will My Ex Partner Get What I Have Inherited?

Most divorce jokes revolve around the way finances and assets are divided – that being said, for those going through it, there really isn’t anything funny about divorce. Divorce is emotionally (and at times financially) taxing. It can be damaging not just for the individuals getting the divorce but for children involved too if not navigated correctly.

Among the many things that need to be addressed during a divorce, financial division is one of the most crucial as well as one of the most problematic on occasion.

Inheritance and Divorce

When it comes to the splitting of division of assets, there are different personal particulars that the UK legal system takes into account when making a decision. One of the things that many who are in the process of getting a divorce might wonder about with regard to assets is inheritance. More specifically; is the ex partner entitled to ones inheritance during a divorce?

We’re going to elaborate on this.

Inheritance Received

In the case of inheritance that has already been received, chances are depending on certain particulars that the courts will allot some of the inheritance to the ex partner in question. Of course this is not always the situation and whether or not this happens is decided on a case to case basis taking into account individual circumstances.

In situations where child support might be a factor or where the ex partner might be too old or incapable to earn for whatever reason, inheritance may be divided as all other assets.

Received inheritance generally is considered to be part of the total available assets and is in most cases divided such. In instances where payments for children can only be met through division of inheritance, chances are the same will be done.

At the same time, anything inherited during the divorce proceedings or just before the same commences may be contested and kept.

Future Inheritance

Property and anything else that you are due to inherit for the most part is not at risk in any way. This is especially so if your divorce proceedings come to an amicable close prior to you receiving the stated inheritance. Though failure to pay child support and a need for funds may eventually require that part of your inheritance is used, future inheritance is not divided as the assets you currently possess.

Winding Down

Though the information above is meant to give you a sense of what to expect when it comes to division of assets and inheritance, it helps to do your due diligence. You may connect with a divorce lawyer who may proceed to help you navigate the ins and outs of your case or situation.

Our team of experienced and highly skilled, lawyers, solicitors and legal professionals are available to guide and facilitate you on all legal matters pertaining to divorce, family law and custody in Wembley. Feel free to connect with us!