If my ex-spouse receives a large inheritance, does it affect the support they owe me?

An inheritance received by a support payor could be relevant to a variation application if it substantially increases their income or financial resources. Conversely, if the recipient receives a large inheritance that significantly improves their financial position, the payor might apply to reduce or terminate support on the basis that the recipient's need has decreased.

Courts treat inheritances carefully. An inheritance that generates significant investment income can be counted in a support calculation as income or as a resource that reduces need. However, courts are cautious about treating an inheritance as equivalent to employment income, particularly on the payor's side — a lump-sum windfall is different from sustainable ongoing income.

The key question is whether the inheritance constitutes a material change in circumstances that would have led to a different order had it been known at the time of the original order. This depends heavily on the size of the inheritance relative to the existing incomes and needs involved. If you believe an inheritance — yours or your ex-spouse's — should affect your support arrangement, document it carefully and speak with a lawyer about whether a variation application is warranted.