Is inheritance included in a divorce settlement?

The inclusion of inheritance in a divorce settlement is conditional on many variables specific to each marriage.

Assets in a divorce are either matrimonial or non-matrimonial. Matrimonial assets, which were acquired during the marriage, go into the pot of assets which can be divided between spouses. Non-matrimonial assets, on the other hand, are assets which either spouse acquired before or after the marriage and do not automatically fall in to the pot. Inheritance is classed as a non-matrimonial asset.

Many spouses believe that their inheritance should not be mingled into the matrimonial pot. However, the manner in which the court views inheritance is completely situational and will depend upon various factors such as how, if at all, the inheritance had been used during the marriage, whether the matrimonial assets alone are enough to meet both spouse’s needs and whether the inheritance has already been received by the spouse.

Unfortunately, there can be no guarantees when it comes to the ring-fencing of inherited assets. Either way, dealing with non-matrimonial assets such as inheritance can be very complex. If you are concerned about your inheritance and non-matrimonial assets, the best recommendation would be to get specialist legal advice.

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