To ask about inheritance...

[NameChangerAmI]

This has probably been done to death, but I’m clueless. DH have been married for 7 years & have DCs. The marriage has suffered irreparable damage and is effectively over and we are trying to decide whether to live apart & stay married, or get divorced.

My question is: Will my DH have a claim to any inheritance I might receive if we are married? Will it be half his if we are married when I inherit, but later go on to divorce?

Would really appreciate someone in the know explaining how this would work.

TIA.

I didn't want to read and run and I'm sure someone more knowledgeable will come along soon. However if your marriage is dead in the water, why stay married and risk it?

Someone may correct me if I am wrong but I believe your inheritance is yours and yours alone but obviously if you use it towards joint things - ie paying off mortgage etc- then it becomes part of that joint asset.

Are you likely to receive a sizeable inheritance?

Is he?

The answer is it depends - if you had talked about it made plans and or earmarked it in writing somehow could be difficult. If received after seperated unlikely to be considered but best thing is to see a lawyer and get advice on the specifics of your situation

Assuming you live in the UK i think it depends which bit. Rules in Scotland are certainly different

Shared if married I think.

Get divorced, nice clean break.

My solicitor advised me to go ahead and divorce straight away to get a clean break. The court order states that we have no future claim on each others finances or should one of us die. My belief is well you are still married they could claim i.e. if you win the lottery etc.

If you receive an inheritance while you are married you should keep it separate from matrimonial assets, so don’t put money into the house or in a joint account. That will mean it should be classed as a ‘non matrimonial’ asset on divorce. However, it would been seen as an asset you have to meet your needs and may mean your DH will get a larger share of the matrimonial assets to meet his. If you finalise a divorce and have a court order dismissing any further financial claims against each other, then you inherit, he could not get it.

www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/is-my-ex-spouse-entitled-to-my-inheritance/

I am a specialist family lawyer.

There is no definitive answer to this; unfortunately.

Inheritance acquired post separation will likely not be part off the marital pot for ‘sharing’ purposes. But it might still be required to be taken account of to meet the needs of the parties; particularly having in mind that the needs of minor children are the Court’s first consideration.

So, in short, neither of you will have an automatic entitlement to the other’s inheritance post separation. But either of you might be granted a share of the other’s inheritance; to meet reasonable needs (including, but not limited to, housing needs, or the needs of minor children).

If either of you have inheritance prospects of any substance then legal advice and a separation agreement Is to be advised.