Can My Ex Claim My Money or Assets After Our Divorce?

Can my ex-husband or wife claim any money after the divorce?

Potentially, yes. There is a simple equation to work out whether you can submit a financial claim against your ex-husband, wife or civil partner. Look at our flowchart below for a quick answer.

Many separating couples are under the impression that getting divorced breaks all financial ties. But in fact, a divorce simply ends the marriage and enables both parties to re-marry in the future.

For those hoping that a no-fault divorce would make splitting your assets easier, I’m afraid to say that the new law did not touch on separating money and assets.

A divorce does not end financial commitments as husband or wife, which makes it possible for former spouses to claim against their ex in the future.

This is of course unless a prenuptial agreement was signed before entering into the marriage or a postnuptial agreement was signed during the marriage.

A spouse’s ability to submit a financial claim against you will depend on two factors;

1. If they have remarried
2. If a financial consent order was applied for and approved by the courts

When you get divorced, you do not automatically sever financial ties with your ex-husband or wife – unless you obtain a financial order from the court, such as a clean break order.

A simple flowchart regarding divorce financial claims.

Without obtaining a consent order a former spouse can claim money from their ex many years (sometimes even decades) after the divorce.

Not only can an ex-wife or husband claim a portion of the money that existed within the marriage (eg if there were joint savings) – but, more importantly, they can also claim future earnings or financial windfalls.

For example, in the case of Wyatt v Vince, future business success by one party meant that their former spouse could claim money many years after the divorce.

Couples who don’t legally deal with their finances at the point of divorce can oftentimes find themselves in what is known as the ‘remarriage trap.’

Can I protect my finances or future wealth from being claimed against, if so, how?

As we touched on earlier, there are only two legal scenarios that can prevent your ex-partner from being able to claim against you in the future.

The first is probably beyond your control, if they should re-marry your spouse gives up their rights to claim against you.

The second way is to obtain a financial order from the court such as a clean break financial order.

These types of legal agreements prevent both parties from submitting a future claim against the other in the future.

You can apply for a financial order after the conditional order (‘decree nisi’) is granted in divorce proceedings and any time up until one party remarries.

However, a spouse’s rights to certain assets may be affected if you apply after the divorce is granted, such as rights to pensions.

Not all couples can achieve a clean break, but there are other court orders available to help you protect your assets – read more about consent orders vs clean break orders.