Our Divorce and Family Law team often hears the same questions from new clients worried about how their money will be handled as part of their financial settlement in divorce. How will the money be split? Is my ex-spouse entitled to part of my pension? How will unemployment or bankruptcy affect the division of money? If I inherit money or win the lottery, will my ex-spouse be entitled to any of the money if we divorce? Julia Drury and Richard Rodway answer some of these FAQs…
We have also created answered your questions about Divorce & Property and Divorce & Children.
Can my ex-spouse claim money from me after we’ve divorced?
Yes – in England and Wales, there is no time limit for an ex-spouse to make a financial claim unless:
- A financial consent order has been approved by the court, or
- Your ex-spouse has remarried (which limits certain claims)
Divorce alone does not end financial ties.
To fully protect yourself, you should obtain a clean break order, which:
- Prevents claims against income, assets, pensions, or estate
- Legally ends future financial claims
Is my ex-spouse entitled to half of my pension?
Not necessarily – but pensions are usually included as part of the matrimonial assets.
Pensions can form a significant part of the overall financial settlement, but:
- They are not always split 50/50
- The division depends on fairness and financial needs
Common ways pensions are dealt with include:
- Pension sharing (splitting the pension)
- Offsetting (one party keeps the pension, the other gets more of another asset, such as the home)
In more complex cases, a Pensions on Divorce Expert (PODE) may be required — especially for:
- Defined benefit (final salary) schemes
- High-value pensions
Can my ex-spouse claim my inheritance in a divorce?
It depends on how the inheritance is treated.
Inheritance during the marriage:
If the inheritance is:
- Used for family purposes (e.g. paying the mortgage)
→ It is more likely to be included in the financial settlement
If it is:
Kept separate from family finances
→ It may be “ring-fenced” as a non-matrimonial asset
Inheritance after divorce:
Your ex may still be able to make a claim if no financial order was finalised.
However, the court may treat it as:
- A non-matrimonial asset, particularly if received after separation
The court will consider:
- Whether the inheritance was foreseeable
- Whether financial needs can be met without it
Can I make a financial claim from my ex-spouse during our divorce on assets that are not in my name?
Yes.
The Family Court has wide powers to divide assets regardless of legal ownership, as long as they are considered matrimonial assets.
The court will consider:
- Income and earning capacity
- Financial needs
- Length of the marriage
- Contributions (including childcare and homemaking)
Ownership alone does not determine entitlement.
Am I entitled to know what my ex-spouse’s new partner earns as part of our divorce proceedings?
In financial proceedings, your ex-spouse must disclose basic financial information about a new partner if they are cohabiting.
This is included in Form E (financial disclosure) and helps the court assess:
- The financial position of their household
- Your ex’s financial needs
My ex-spouse is unemployed – will they be entitled to more money in the divorce?
Not automatically.
The court looks at:
- The reason for unemployment
- Future earning potential
- Financial needs
- Contributions to the marriage
If the court believes your ex could work, it can:
- Impute income (assign an expected earning level)
Can my ex-spouse deliberately go bankrupt to stop me from getting any money in our divorce?
No – not successfully.
If the court believes bankruptcy was used to avoid a financial settlement:
- It may annul the bankruptcy
- Financial claims can proceed
A Trustee in Bankruptcy can also:
- Reverse asset transfers made to hide wealth (within the last 5 years)
- Investigate past transactions
If I win the lottery, can my ex-spouse claim anything from me?
It depends on timing and how the money is used.
Lottery win before financial settlement:
- May be considered in the financial settlement
- Especially if needed to meet financial needs
Lottery win after separation:
- Often treated as non-matrimonial
- But still considered in some circumstances
Important example:
If lottery winnings are:
- Used to buy a family home
→ They may become matrimonial assets
Courts will consider:
- Source of funds
- How the money was used
- Length of the marriage
- Financial needs
Pre-nuptial agreements can also play a role in protecting assets like lottery winnings.
An example is the landmark case of S v AG. In this case, the wife was playing the lottery without her husband’s knowledge and using her own income, and, on this basis, when she won £500,000, it would initially have been deemed a ‘non matrimonial asset’ as the money was not mingled as part of the ‘matrimonial pot’.
However, the wife then invested most of the winnings in a property that became the family home, thereby transforming the winnings into matrimonial property. The couple separated 4 years later, and, given the short period during which the husband lived in the property and the non-matrimonial origin of the funds, the Court ruled that an equal division was not justified and awarded the husband a lump sum of £85,000 to meet his financial needs. If both spouses had been part of a lottery syndicate or had jointly purchased the ticket, the winnings would have been considered joint property and divided equally.
Another case involving lottery wins also shows how pre-nuptial agreements can help protect winnings. In 2012, Gillian Bayford and her then-husband won £148 million in the EuroMillions lottery. Their marriage had ended, with reports suggesting the couple split the windfall equally. Years later, Gillian married again, but the relationship also ended in divorce; this time, she had drafted a prenuptial agreement with her second husband to ringfence her wealth, and he was unable to make a successful claim on her fortune.
How we can help with your financial settlement at divorce
At THP Solicitors, we have specialist divorce solicitors with experience in financial settlements. We have helped many clients achieve a fair division of money and assets in divorce and can advise you based on the specific facts of your case.
To speak to one of our family law solicitors, please contact:
- Julia Drury on 0118 975 6622 (Lower Earley office)
- Richard Rodway on 01491 570 900 (Henley-on-Thames office)
You can also email us confidentially at office@thpsolicitors.co.uk.