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When a relationship ends, one of the first questions people ask is, “What am I entitled to?” Whether you are going through a divorce or separating from a long-term partner, understanding your rights and what you may receive can feel overwhelming.
It is natural to want clarity. You may be wondering about your share of the home, your entitlement to savings or pensions, or whether you could receive maintenance payments. While there are some general principles in family law, the truth is that every case is unique. The best way to know exactly where you stand is to seek professional legal advice as early as possible.
Is My Spouse Entitled to My Inheritance?
Inheritance is often a deeply personal asset. In England and Wales, whether your spouse is entitled to it depends on how the inheritance was handled and whether it is considered a matrimonial asset.
Inheritance may be treated as non-matrimonial if:
- It was received before the marriage.
- It was kept separate from joint finances.
- It was not used for the benefit of both parties, such as buying the family home.
However, the court can still take it into account if there is a need to meet the other party’s financial requirements, especially where children are involved. If inheritance was used during the marriage for joint purposes, it is more likely to be considered part of the matrimonial assets.
Read more about Financial Proceedings
My Partner and I Are Separating – What Am I Entitled To?
If you are married or in a civil partnership, you have legal rights to a fair division of marital assets. These can include:
- The family home (owned or rented)
- Savings and investments
- Pensions
- Business assets
- Vehicles, valuable items, and other property
- Debts and liabilities
The starting point in England and Wales is a 50/50 division, but this can change based on factors such as:
- Length of the marriage
- Financial and non-financial contributions
- The needs of any children under 18
- Health and earning capacity of each party
- Standard of living during the marriage
It is important to note that non-married couples do not have the same rights as those in a marriage or civil partnership. For those situations, you can learn more in our section on Cohabitation Agreements.
What Am I Entitled to if I Separate From My Partner Without Divorce?
You do not have to start divorce proceedings immediately to sort out finances, but your rights can be limited without a formal divorce settlement. You may be able to agree on:
- How to divide property
- Maintenance payments (spousal and child)
- Division of savings and debts
However, until there is a court-approved Consent Order, financial claims remain open. This means your spouse could make a claim in the future, even years after the separation.
To protect your position, it is important to get early legal advice and formalise any agreement.
Learn more about Financial Remedy Consent Orders
Why Legal Advice Matters from the Start
While online information can help you understand the basics, your circumstances will be unique. The smallest details, such as how an asset was acquired or whether you have dependent children, can make a significant difference to your entitlement.
Without legal guidance, you could agree to a settlement that leaves you financially disadvantaged or open to future claims. Early advice ensures you know your rights, can make informed decisions, and have the best chance of achieving a fair outcome.
If you are unsure what you are entitled to in divorce or separation, contact Waely Law today. We will help you understand your rights and protect what matters most to you.
📞 Speak to a Family Law Solicitor
FAQ
How are pensions divided in divorce and what options do I have?
Pensions can be split in different ways:
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Pension sharing – directly dividing the pension fund.
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Offsetting – balancing pension value against other assets, like property.
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Attachment orders – less common, paying benefits to the other spouse when they retire.
Which option is right depends on the length of the marriage, contributions, and overall fairness.
Are savings and investments always divided equally?
Not always. Savings built during the marriage are usually considered matrimonial assets, while savings from before the marriage or inheritances may sometimes be treated differently. The court will take into account the whole financial picture to ensure both parties’ needs are met fairly.
What happens to debts in a divorce?
Debts taken out during the marriage are usually considered joint responsibilities, even if they’re in one spouse’s name. The court looks at why the debt was taken on - for family benefit or personal use - before deciding how to allocate responsibility fairly.
How does the court decide what is fair?
If an agreement cannot be reached, the court decides by considering factors under Section 25 of the Matrimonial Causes Act 1973. These include the welfare of children, each spouse’s earning capacity, financial needs, standard of living, length of marriage, and contributions (both financial and non-financial, such as childcare).
Do I keep assets I had before the marriage?
Assets acquired before the marriage may be treated as non-matrimonial. However, if those assets were used during the marriage - for example, if you both lived in a home owned by one spouse - they are often included in the financial settlement. The longer the marriage, the more likely pre-marital assets will be considered part of the marital “pot.”
How are businesses dealt with in divorce?
Businesses owned by one or both spouses are considered in the settlement. Valuation may be required, and while the court aims to avoid damaging the business, its value can affect the overall division of assets. Options may include one spouse buying out the other’s share or adjusting the settlement through other assets.
Can we make our own agreement and avoid court?
Yes, you can reach a private agreement, often through negotiation or mediation. However, to protect both parties, it is essential to formalise this in a Consent Order approved by the court. Without this, either spouse could make further financial claims in the future.
What about inheritance or gifts?
Inheritance and personal gifts are usually classed as non-matrimonial property. However, if they have been mixed with family finances (for example, used to buy the family home), they may be included in the settlement. Even separate inheritances can be considered if needed to meet the other spouse’s or children’s needs.
