Going through divorce... can my ex claim inheritance

[delboy1984]

I separated from my wife 2 years ago and we are going through the divorce now - final financial hearing in September.

My aunty died in June last year and I have been named in her will. Not huge amounts but my ex is now saying she will go for half of it at the final settlement.

Can she do it? My aunty died a year after we separated, we're living apart now and getting divorced. Morally I think this is totally wrong but legally I think she'll be entitled to it?

Inheritance is a grey area, it depends upon what else financially is available.

SIL had similar when my MIL died. Her lawyer told her that if the inheritance had not been used to the benefit of the family then it didn't become 'family' money.

Her estate hasn't been finalised yet so the money hasn't been distributed and it probably won't be until after we've had the financial settlement.

Don’t put the inheritance in a family account or joint account. Then it becomes your money rather than family money.

Short Answer, no. If you do get any money just keep it separate and don't use any of it for anything related to family stuff. Obviously judges can make things complicated but it's not marital property unless you make it such, so you should be fine.

I only ever see the phrase "family money" on this site.

It is not an asset of the marriage, so it is not shared by way of entitlement. It might be shared due to needs. This is a complicated area of divorce law so you should instruct a solicitor. As PP posted, it depends on what other assets are available.

I understand if I'd received the inheritance while we were married and together and I'd used it to pay off some of the mortgage. But we separated two years ago, we will be divorced by the end of this year and I haven't got anything yet. I will receive it after we've separated but before we've divorced.

Collaborate is, of course, correct.

Your ex can try to get half of your inheritance, but she doesn't have any direct entitlement to that, whatever she thinks. However, if the only way of meeting her reasonable needs is to dip into your inheritance, that is what will happen. You need to consult a solicitor.