David Kirkman, family law solicitor based in York:
Transcript:
What happens to inheritance in a divorce?
Inheritance obviously can be large assets you’ve received during a marriage, and they’re quite sensitive issues in divorce. The Court has the power to distribute any assets, whether in the joint names of parties or their sole names, so a Court can order that inheritance be split.
However, that doesn’t necessarily mean it will do, and every case is individual, so you need advice. If you are expecting that you may receive an inheritance in the future, obviously, you don’t have that money yet. That money is not in your name, and the Court cannot order that your father, for example, transfer assets to your spouse while he’s alive.
But, if you’ve received that money during the marriage, the Court can order it to be shared. The Court will keep in mind that this is money you inherited from your parents or whoever and that it was intended to benefit you and not necessarily benefit your spouse.
Still, it may be that that money is needed to meet the financial needs of your ex or their children. It may be that it’s mingled with other assets that were jointly held, and so ringfencing it would not be appropriate. Each case is individual. Again, we come back to the bottom line – you need advice tailored to your case so that you can know what a Court would likely do in your circumstances.