This is one of the most common questions we get from people with family money, and the honest answer is: not automatically, but it is treated differently.
Inheritance is not automatically ring-fenced
There is no rule in Irish law that says an inheritance belongs solely to the spouse who received it. The court's obligation is to make proper provision for both spouses and any dependent children, and in doing that it looks at all of the resources available to each of you.
What tends to matter in practice:
- Whether it was kept separate or mixed in. An inheritance that stayed in its own account is in a different position from one used to buy the family home or clear the mortgage.
- When it arrived. Money inherited twenty years ago and used to build a life together is treated differently from money that arrived last year.
- Whether it is needed. Where the other assets are not enough to make proper provision, an inheritance is far more likely to be drawn on.
An inheritance you have not received yet
A prospective inheritance is not an asset you own. But where a spouse has a realistic expectation of inheriting, that can be relevant to what provision is appropriate now.
Assets held abroad
Irish courts can and do make orders about assets outside the State. Enforcing them is another matter, and it depends on the country.
Where there is property abroad, the practical questions are whether both of you disclose it, what it is worth in the local market, and whether an Irish order can be enforced where it sits. Cases with foreign assets take longer and cost more for that reason alone.
Trusts
Where assets are held in trust, the court will look at the reality rather than the label, whether the trust genuinely holds assets for other people, or whether it is in substance a spouse's own wealth held at one remove.
Full disclosure is not optional
Both spouses must give full and honest disclosure of their finances. That includes inheritances, foreign assets and interests held through structures.
Failing to disclose is the single most damaging thing a person can do in a family law case. It is usually discovered, it destroys credibility on every other issue, and it can lead to orders being reopened later.
Related reading: what proper provision means, business assets in an Irish divorce, when a divorce goes to the High Court, pensions in an Irish divorce and our guide to property and assets.
Talk to us
If inherited or foreign assets are part of your situation, get advice before you make any decisions about moving or restructuring anything.