Will my ex-wife / ex-husband get a share of my inheritance if we separate?
This is a common question I get from my family law clients but, like many such questions, I can’t give a simple “yes” or “no” answer.
First, if you receive (or, in some circumstances, become entitled to) your inheritance before final orders are made, then that inheritance can be considered an asset of one of the parties of the marriage. This means that it is within the discretion of the Family Court to make orders that you either pay a portion of that amount to your ex partner or (more likely) that your ex partner receive a greater share of your other assets than he/she otherwise would have received if you did not get your inheritance.
The question then becomes how, in the circumstances of your case, the Family Court of WA is likely to exercise its discretion. That is, how much more (if anything) is your ex-partner likely to get because of your inheritance.
Like many family law questions, the answer depends on the circumstances of your case, and it is difficult to make too many generalisations. In general, the length of your relationship, and whether the inheritance was received before, during or after the relationship, and whether it was intermixed with joint assets are important factors.
Ultimately, we recommend seeking family law and estate planning advice on how succession planning and family law relate to your particular circumstances. We also recommend parents seek advice on whether testamentary trusts may be used to protect their children’s inheritance in the event of separation.
Office address: 185 Railway Parade, Maylands WA 6051
Email: terrence@eastandassociates.com.au
Tel: 0403 632 777
