Can I Keep My Inheritance After Separation?
If you’ve gone through a separation or divorce, you might be wondering what happens to any inheritance you’ve received, especially if it was left just to you. In Australia, inheritances can be a complicated part of a property settlement. In most cases, yes, an inheritance is considered part of the overall property pool. This pool includes all assets, liabilities, and superannuation held by both parties, whether jointly or separately. However, just because it’s included doesn’t mean it will be divided equally. Whether or not you get to keep it depends on several key factors.

When Was the Inheritance Received?

The timing of the inheritance matters significantly:

Before the relationship
If you received the inheritance before your relationship began, it may be treated as a contribution you brought into the relationship. The longer the relationship, the more likely it is that its value will have been blended into the shared asset pool.

During the relationship
The court is likely to consider it a financial contribution made by the person who received it. This may impact the percentage split, depending on how it was used (e.g. to buy property or pay down debt).

After separation
If the inheritance was received after the relationship ended but before a final property settlement, it can still be considered, especially if it’s a large amount. The court may treat it as a financial resource or as part of the asset pool, depending on the circumstances.

How Does the Court Decide?

The Family Court doesn’t automatically divide everything 50/50. Instead, it follows a four-step process:
  1. Identify and value the asset pool
  2. Assess the contributions (financial, non-financial, parenting, and homemaking)
  3. Consider future needs (such as age, health, income, care of children)
  4. Ensure the outcome is just and equitable

An inheritance may be weighed as a significant financial contribution by the party who received it, which could shift the property settlement percentages in their favour.

Can an Inheritance Be Protected?

There are ways to protect inheritances in relationships:

Binding Financial Agreements (BFAs)
Also known as prenups or postnups, these can clearly state how inheritances should be treated if the relationship ends.

Separate accounts
Keeping an inheritance separate and not using it for joint purposes may help, but it’s not a guarantee it will be excluded.

Final Thoughts

Inheritances can play a major role in how property is divided after a separation, but whether you get to keep it depends on timing, use, and overall fairness. Every situation is different, so it’s important to get tailored legal advice to understand your rights and protect your interests.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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