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Could your spouse claim your inheritance if you divorce?

What can you do to maximise the assets that you leave for your loved ones in the future?

For many divorcing couples this is a real worry. If you have received or are due to receive an inheritance, you don’t want it to enter the ‘pot’ of matrimonial assets to be divided in your divorce.

Generally in divorce settlements in England and Wales all assets of the marriage are pooled and treated as joint assets. Money or property that you’ve inherited are not automatically excluded from the assets to be divided.

How can you protect your inheritance against divorce?

I suggest the first step would be to chat with me!

That’s because every case is different and depends on individual circumstances including:

  • the size of the inheritance

  • when you received it

  • how it was dealt with during the marriage

  • what the financial needs are of both parties

  • the needs of any children

  • any future inheritances

We can go through your situation and discuss the best ways to protect your wealth for future generations. For example, trusts can be a useful tool to protect your beneficiaries against divorce or attack from ex spouses.  If you plan for your estate to become a trust rather than leave the assets directly, they don't form part of the beneficiaries' assets and can't be included in the calculations of assets for division on divorce.

There are more ways in which I could help you. Call me on +44 7831 379562 (UK) or +34 622 374 738 (Spain), or email me at to arrange a confidential chat.

Warm regards, Sally

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