Inheritance during separation: impact on divorce settlement.

Gregor Samsa

So someone I know (100% not me) is going through a separation with their spouse. They moved out of the shared home a number of months ago. After moving out, a relative of theirs died, and they will inherit a good amount. That's going though probate at the moment.

I've been urging his person to seek legal advice for a while about the separation, but they're reluctant to, as they didn't want their spouse to find out that they were doing this, as it would certainly make the breakup unreconcilable. Its has now become apparent that it's unreconcilable anyway, so now I'd like to prod them along to just get some proper advice.

So, what I'd like to know is: Since they are separated now, and the death and subsequent inheritance happened after the separation, does the partner stand to get anything from the inheritance in the case of a divorce?

There's no kids involved, and the person has other assets from before and during the marriage that we can safely assume will have to be split with the partner. So it's just the upcoming inheritance we're concerned about here. Not looking for specific legal advice (I'm strongly urging them to get that), just an indication of where this would stand.

Caranica

The inheritance can absolutely be considered as assets of that party. Even if this inheritance had come post divorce, it would be possible under Irish divorce law to revisit any settlement when a party's financial position has changed significantly. Irish divorce is never final. All stuff I've learned while going through it.

Potential-Monke

I can't add anything to this, but that sounds mental. How can inheritance after the fact be even considered? Makes no sense to me.

Gregor Samsa

Doing a bit of reading myself and it may not be be so cut and dry...

This article: https://www.lynchsolicitors.ie/divorce-marriage-breakdown/

Quotes a judgement as saying

“Assets which are inherited will not be treated as assets obtained by both parties in a marriage. The distinction in the event of separation or divorce will all depend on circumstances.”

It also says

“What then, if an agreement or court order is made and one or other of the parties finds themselves in a situation where their financial position after the matter has been finalised changes so that the terms entered into now affect them very differently down the road? (for example, if assets divided were to significantly reduce in value or one party was to earn much less etc) This situation came before the High Court on two occasions recently and the courts have taken the view that unless the change that has occurred makes the previous terms impossible to comply with they will be very reluctant to alter what was intended to be the final settlement.”

I also seem to be reading about assets “taken into” the marriage being taken into account when calculating the settlement. As in, if you bring properly into the marriage that you owned before it, its not necessarily split 50/50 with a divorce. Is this the case? I always thought assets were split 50/50 regardless (but then, this isn’t something I’ve ever had to think about).

Victor

Gregor Samsa wrote: »

I always thought assets were split 50/50 regardless (but then, this isn’t something I’ve ever had to think about).

There is no 50/50 in Irish law.

Lenar3556

And the absence of dependent children simplifies the situation significantly.

Dial Hard

Any assets he has when he's doing his Affidavit of Means are in play, really. Doesn't matter when he came into them.

Victor wrote: »

There is no 50/50 in Irish law.

This. I have no idea why this idea is so widespread. Everything goes on the table, but how it's divided (if at all) is very much up to the couple and, if they can't agree, the court.

I left my husband with the marital home, all the contents and his extremely lucrative army pension. I just had zero interest in an argument over money.