Dear Vanessa,

I’m hoping you can help me with something that has turned into a stressful situation.

My husband and I separated about 18 months ago after a long and difficult period in our marriage. We haven’t finalised the divorce yet, but we have been living separate lives since the split.

During this time, my father sadly passed away, and I inherited some money from his estate. It’s not an enormous amount, but it means a lot to me. My dad worked incredibly hard all his life and always said he wanted to leave something to his children.

When my ex found out about the inheritance, he told me he believes he should receive half of it.

He says that because we are still legally married and the divorce hasn’t been finalised yet, the inheritance should be included when our finances are sorted out.

I was completely shocked by this. We have been separated for a year and a half and the money came from my father, not from anything we built together.

Now he keeps bringing it up and says it will need to be considered when we eventually settle everything legally.

Vanessa Stoykov (pictured) offers financial advice to a woman who is worried about the handling of an inheritance after a marriage separation 

This has made what was already a difficult situation even more upsetting.

Is it possible that he could have a claim on money I inherited from my dad, even though we were already separated?

Concerned reader

Dear Concerned Reader,

First, I’m very sorry about the loss of your father. Receiving an inheritance can already be emotional, and dealing with financial tension at the same time makes it much harder.

The key issue here is that although you have been separated for 18 months, you are still legally married, and your financial settlement has not yet been finalised.

In many cases, when couples separate but have not completed a formal property settlement, all assets can potentially be considered when dividing the finances of the relationship. That includes assets that may have come into your life after separation.

However, inheritance is often treated differently from assets that were built together during the marriage.

Courts generally view inheritances as a financial contribution from one side of the family, and the timing matters. If the inheritance was received after separation, it is usually much less likely to be divided between both parties. Instead, it may simply be considered as part of your overall financial position when determining a fair financial settlement.

In practical terms, that means your inheritance may not automatically be split with your former partner, but it could still be considered as part of the broader financial picture when any final agreement is reached.

Some of the factors that are usually considered include how long the marriage lasted, what assets existed at the time of separation, the financial position of each person now, and whether the inheritance has been kept separate or mixed with joint finances.

This is one of the reasons family law specialists often suggest finalising financial settlements as soon as possible after separation, so new assets don’t complicate things further.

Your former partner may believe he has a claim, but that doesn’t mean he will necessarily succeed. Each situation is assessed on its individual circumstances.

What I strongly recommend is speaking with a qualified financial adviser who understands how these situations can affect your long-term financial position. Getting good advice now can make a significant difference to the outcome.

You can find a trusted financial adviser here.

Keep a cool head while this is being worked through and try not to let emotions drive the decisions. Situations like this can feel very personal, but with the right advice and a calm approach you will be in a much stronger position.

All the best, 

Vanessa