Whether or not you have to share your inheritance in a divorce depends on several factors — including when it was received, how it was used, and whether a financial order is in place.
Inheritance can be a sensitive subject during a divorce, especially when one person has received money, property, or assets from a family member. In many cases, the person who inherited wants to protect it. The other may feel it should be treated like any other shared asset. The reality under UK divorce law is more nuanced.
In this guide, we’ll explain how inheritance is treated in divorce, what affects whether it’s divided, and how you can protect it — both during and after divorce.
Is inheritance automatically shared in divorce?
No, not automatically — but the court can include it in the overall financial settlement if they believe it’s fair to do so. Inheritance is usually considered a non-matrimonial asset, meaning it wasn’t acquired during the course of the marriage.
However, this doesn’t mean it’s excluded. The court has discretion and will look at factors such as:
- When the inheritance was received
- Whether it was mixed with marital finances (e.g. used to buy a home)
- How long the marriage lasted
- What each party needs for housing and living expenses
- Whether children are involved
If the inheritance is essential to meeting one person’s needs — or if it has become part of the couple’s shared lifestyle — the court may include some or all of it in the final settlement.
When is inheritance more likely to be protected?
Inheritance is more likely to be excluded from division if:
- It was received before the marriage began
- It was kept separate from joint finances
- It was not used to purchase family property or pay shared debts
- The marriage was relatively short
For example, if you inherited £50,000 ten years before the marriage and kept it in a separate account, there’s a strong chance the court would treat it as yours alone.
However, if the inheritance was used to pay the mortgage on a shared home, invested in joint renovations, or mixed into shared finances, it may be treated as part of the marital pot.
What if I inherited money during the marriage?
If you received an inheritance while you were married, the court may consider how that money was used. If it was kept entirely separate and not relied upon during the relationship, there’s a better chance it will be excluded.
That said, the longer the marriage and the greater the financial dependence between the couple, the more likely the court is to treat all available resources — including inheritance — as part of the settlement.
Judges often aim to achieve fairness over strict rules of ownership, especially if one party’s needs can’t be met without using some of the inherited wealth.
Can my ex make a claim on my inheritance after the divorce?
Yes — if you do not have a legally binding financial order, your ex-spouse could still make a claim on your inheritance at any point in the future. Even years after the Final Order is granted, claims can be made if financial matters were never finalised with the court.
This is particularly important if:
- You inherit property or money after the divorce
- You’re expecting to receive a future inheritance
- Your ex has not signed a Clean Break Order or Consent Order
Without a court-approved financial order, inheritance can become a target for future legal action — even if the divorce itself felt settled at the time.
How can I protect my inheritance?
To protect inheritance during or after divorce, you should:
- Keep inherited funds or property separate — Don’t mix them with joint accounts or assets
- Avoid using inheritance for shared expenses — This can weaken your claim that it should remain yours
- Get a Clean Break Order — If there are no ongoing financial ties, this will legally close the door to future claims
- Use a Consent Order — If you and your ex agree on how finances should be split, this turns your agreement into a binding court order
- Seek early legal advice — Especially if you are expecting an inheritance or have already received one
Even if you are already divorced, you can still apply for a financial order to protect your inheritance from future claims.
How Easy Separation UK can help
We help individuals and couples protect their financial futures with court-approved Consent Orders and Clean Break Orders — all handled online for a fixed fee.
If you’ve received or are expecting inheritance, we’ll:
- Advise on how to keep it separate
- Draft a legal order to protect it
- Submit everything to the court for approval
- Ensure your divorce is financially finalised
Don’t risk losing part of your inheritance.
Protect it now with legal clarity and peace of mind from Easy Separation UK.
