Financial Matters
Expert Divorce and Inheritance Solicitors.
It is common for people to be unclear about what happens to inheritance and expected inheritance when they are going through a divorce. Our specialist family law solicitors are ready to provide clarity and guide you through the process.

Understanding the complexities of how inheritance may or may not be divided when you go through a divorce is not an easy task, and something that can increase the number of emotions you might already be feeling when it comes to going through this process.
It can be a difficult topic to discuss but at Grant Stephens Family Law, our expert solicitors handle every case sensitively and offer individual support and advice to every client.
Your local divorce and inheritance solicitors
At Grant Stephens Family Law, we support clients across South Wales, the UK and internationally in a comprehensive range of family law matters, from divorce and financial matters to pre and post nuptial agreements. Our offices are situated in central Cardiff and the SA1 waterfront area of Swansea, allowing us to see clients in person and on teams to suit your availability.
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Grant Stephens Family Law is a specialist family law firm, recognised for multiple years as a Top Tier firm by the Legal 500, an independent legal research group. We have a 4.9 star rating on review solicitors and a wide range of excellent client feedback.
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Does inheritance count in a divorce?
There is no straightforward answer due to the nuance in the law surrounding inheritance in a divorce.
Inheritance received before or during marriage is not automatically excluded from a financial settlement in a divorce, but it is generally treated as a non-matrimonial asset if the inheritance has been kept separate.
Untouched inheritance may, in principle, be ring fenced during a divorce, however this is not a guarantee.
The outcome, however, always depends on your specific circumstances, including the length of the marriage, how the inheritance has been used, the needs of any children, and the overall financial position of both parties. The courts will aim to achieve a fair and proportionate settlement, balancing the protection of inherited wealth with the welfare and needs of the family.
What is a matrimonial asset?
A matrimonial asset is an asset that was acquired either jointly during the marriage or used for the family.
Matrimonial assets are subject to division during a divorce
Matrimonial assets might include:
- The family home or any other properties purchased during the marriage
- Joint savings and investments
- Pensions that were built up during the marriage
- Businesses or business interests
What is a non-matrimonial asset?
Non-matrimonial assets are assets that fall outside of the marriage. This will usually be due to how they were acquired or when they were acquired.
Non-matrimonial assets are not subject to division during a divorce
Non-matrimonial might include:
- Property or savings owned before the marriage began
- Assets that were gifted to one spouse
- Some trusts or business interests that have not been mingled with family finances
You can read more about what matrimonial and non-matrimonial assets are here:
How can inheritance be protected?
Ring fencing assets inherited during the marriage from the matrimonial pot is far more likely if they have been kept separate and are not required in order to meet the parties’ needs in the divorce.
Any documentation that can be produced to evidence the source and timing of the inheritance as well as proof that it has been kept separate from the matrimonial assets, is essential.
What happens if I have a pre-nuptial or post-nuptial agreement in place?
There are circumstances where a well-drafted pre-nuptial or post-nuptial agreement can help in advancing an argument that inheritance should be ring fenced in divorce. The agreement would however need to be scrutinised and you would need to be advised on whether it include asset protection measure for any inherited wealth. You would need specific tailored advice on how likely the Court would be to uphold those provisions which would turn to the facts of your case and the validity of the agreement
As soon as you have settled your financial claims and have received a correctly drafted sealed financial remedy order, any inheritance that you receive at a later date can be protected from any future claims made by your ex-spouse.
When should you seek advice?
Obtaining early legal advice is essential to understanding how inheritance and other assets may be treated on divorce and to protecting the opposition. A solicitor can advise on your entitlement, likely outcomes, and the most effective way to structure proposals, whether through negotiation, mediation, or court proceedings. A properly drafted financial settlement recorded in a consent order approved by the court provides certainty, finality, and enforceability. Without an agreement, financial claims can remain open even after divorce, creating ongoing risk.
Inheritance, Finances and Children
The courts first consideration within financial remedy and divorce is the welfare of any minor children of the family. This is particularly the case when deciding how housing and income should be arranged. The parent with primary care may need to remain in or secure suitable accommodation for themselves and the children, even if this limits how the assets are divided. The court, where possible, will aim to minimise disruption to schooling, community ties and the children’s general living arrangements. In some cases, capital assets include inherited funds may be used to meet housing needs if there are insufficient other resources.
Your child arrangements, agreed or ordered by the court, can influence financial planning to include secure housing and ongoing costs. All of these matters which must be considered when dividing assets or agreeing on maintenance
While inherited assets can sometimes be treated as non-matrimonial, the courts first priority is meeting the financial needs of any children of the family and, where appropriate, both spouses.
Head to our child law page for more information:
Our process for inheritance matters in a divorce
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Frequently Asked Questions about Divorce and Inheritance
What happens if inheritance is used to buy the family home?
If inheritance is used to buy or help the family home, it is usually treated differently from inheritance that has been kept separate. The family home is often regarded by the courts as a central matrimonial asset regardless of how it was acquired.
Inheritance during divorce is complex and nuanced so it is essential to get advice about it as the outcome can vary on a case-by-case basis.
Does inheritance received after separation count?
Inheritance received after separation is less likely to be shared during a divorce, but it is not automatically excluded. The court will consider when it was received, the length of time between separation and divorce and the overall financial circumstances of both parties. Assets acquired after separating are often treated as non-matrimonial, particularly if they have not been mixed with joint finances. However, if one party’s financial needs cannot be met without taking that inheritance into account, the court has discretion to consider it.
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