What money can’t be touched in a divorce?

What money can’t be touched in a divorce?

No money or assets are automatically protected in a divorce, but some assets may be treated as non-matrimonial and therefore not considered during financial negotiations.

Non-matrimonial assets usually include inheritances, gifts from third parties, and assets owned before the marriage.

However, the protection of money and assets in divorce depends on how the asset was used.

Assets kept entirely separate and not relied upon during the marriage are more likely to be excluded and not touched.

Once an asset is used for family purposes, such as funding the family home or living expenses, it may lose its protected status.

Courts prioritise the needs of each party, and therefore, where needs cannot be met without accessing non-matrimonial assets, the court can include them in the divorce settlement.

Assets acquired during the marriage, including pensions, savings, and property, are generally considered matrimonial and available for division.

Accurate disclosure of all financial holdings and legal advice is essential to determine what may realistically be protected.