Do I have a right to some of my ex-partner’s inheritance?

In the emotionally and financially complex aftermath of a relationship breakdown, it’s not uncommon to wonder whether a former partner’s inheritance could impact your financial settlement – especially if the inheritance is substantial or imminent.

In England and Wales, the answer depends on a number of key factors. These include whether you were married and your current stage of separation or divorce, as well as how the court considers aspects such as fairness and need in your particular situation.

Here’s how the court will typically handle the decision:

Were you married or cohabiting?

This distinction is crucial: if you and your ex-partner were never married or in a civil partnership, then you generally have no legal right to any inheritance they receive – now or in the future.

This is because despite popular belief, the law does not recognise ‘common-law marriage’, even if you lived together for many years.

However, if you were married or in a civil partnership, the situation can be more complex. The court has the discretion to consider all financial resources of both parties when determining a fair division of assets upon divorce, enabling them to factor in potential or actual inheritances.

Inheritance during the marriage

If one spouse received an inheritance during the marriage, this may be considered part of the ‘matrimonial pot’ of communal funds to be split between both parties – especially if the money was incorporated into joint finances (e.g. used to buy a family home or pay household expenses). In these instances, that inheritance could be ordered to be shared.

However, if the inheritance was kept separate – for example, held in a personal account and not relied upon during the marriage – the court may ringfence it for the relevant party, particularly if the other person’s needs can be met without it.

Inheritance after separation

If your ex-partner is due to inherit after you’ve separated, whether you can claim any of it depends on your legal status and where you are in the divorce process:

• If you’re already divorced and have a final financial order, it’s unlikely that you’ll have any claim to a future inheritance. These orders are generally final and prevent you from making any future claims
• If you’re still married or in the process of divorcing without a final financial settlement, the court may take a forthcoming inheritance into account when assessing overall fairness. This can often be the case if the inheritance is large and your needs cannot be met otherwise

That said, courts are generally cautious about dividing assets that are not yet received or are uncertain.

If the inheritance is merely expected but not guaranteed, the court may prefer to proceed on the basis of known and available resources – although it may elect to delay final orders in some cases where an inheritance is imminent.

What if there are children involved?

Regardless of marital status, if you have children together, you may be entitled to additional support from your ex-partner through child maintenance, which is separate from matrimonial finances.

A parent’s inheritance doesn’t usually affect statutory child maintenance calculations, but in certain cases you may be able to seek additional financial support through the courts if justified by the child’s needs.

Get in touch

Whether you’re looking to negotiate a financial settlement or currently revisiting an existing agreement, our specialist Family Law solicitors are here to offer clear, practical guidance to protect your interests.

Speak to our dedicated Divorce and Family Law team on 03333 058375, or by email via family@psg-law.co.uk, for a confidential consultation. We’re here to help.