Let’s get straight to the point:can a divorced spouse inherit in UAE? You might think it’s obvious, but the answer depends on whether you’re Muslim, non-Muslim, and whether you’ve sorted your will properly. UAE laws mix Sharia rules and civil options, which makes things a bit more complicated.
So, if you’re divorced or thinking about it, here’s your human-friendly guide to understanding inheritance rights after divorce in the UAE for 2025.
What Happens to Inheritance After Divorce in UAE?
After your divorce is finalized, your ex is generally out of the picture when it comes to inheritance. But there are exceptions and important steps you need to take to make sure your estate goes where you want it to.
Let’s break it down based on your situation:
For Muslims: Sharia Law Basics
In Sharia law, things are pretty strict. Once you’re divorced, your ex-spouse automatically loses all rights to inherit from you. Even if you pass away the day after finalizing your divorce, they won’t get a dirham.
But wait, are there exceptions?
- If your divorce is still being processed (not finalized yet), your ex is technically still your spouse and could inherit.
- You can also leave up to one-third of your estate to non-heirs—including an ex—through a wasiyya (that’s a will allowed under Sharia).
In short? If you’re Muslim and want your ex to inherit (for some reason), you’ll need to plan it carefully with a will. Otherwise, they’re automatically cut off.
For Non-Muslims: Civil Law Options
Good news: Non-Muslims in the UAE have more flexibility.
In Abu Dhabi and Dubai, non-Muslim expats can use civil inheritance laws thanks to Decree-Law No. 41 of 2022. Here’s what that means for you:
- If you don’t have a will? Courts will follow civil rules, and your ex-spouse typically won’t inherit.
- If you have a registered will (DIFC or ADJD), you get full control. You can include or exclude anyone you want—including your ex.
Tip: If you’re non-Muslim, get your will registered ASAP after your divorce. Otherwise, there’s a chance courts might follow default laws that don’t reflect your actual wishes.
Can a Divorced Spouse Inherit in UAE?
If You’re Only Separated, Not Legally Divorced?
This is where people get tripped up.
If you’re separated—but your divorce isn’t finalized—the law still sees you as married. That means your spouse (even if estranged) can inherit if you die before the divorce paperwork is done.
So if you’re mid-divorce, protect yourself:
- Talk to a lawyer.
- Update your will urgently.
- Make sure your assets are structured the way you want.
Divorce not only ends a marital relationship—it also changes legal rights, including inheritance. If you’re in the middle of a separation or considering one, understanding your legal options is essential. You might find our detailed guide on how to get a divorce in UAE helpful in understanding the full picture.
Why Your Will Matters More Than You Think
Here’s a simple truth: without a will in the UAE, you’re leaving your estate up to the courts.
For non-Muslims especially, registering a will is your best way to:
- Keep your ex-spouse from inheriting (if that’s what you want).
- Control who gets your property, money, and belongings.
- Avoid messy surprises for your children or current partner.
You can register wills at:
- DIFC Wills Service Centre (Dubai)
- Abu Dhabi Judicial Department (ADJD) Wills Registry
No will? No guarantees.
Inheritance Rules for Children After Divorce
Your children are your heirs, no matter what.
Whether you’re divorced or not, your biological kids remain legal heirs under both Sharia and civil systems. Stepchildren, on the other hand, only inherit if you name them specifically in your will.
Quick reminder:
- Custody affects who raises the child.
- Inheritance is separate. It’s about who receives your estate.
Legal Advice: What to Do Post-Divorce
To protect yourself after a divorce in the UAE, here’s what you should handle quickly:
- Update your will – This should be the first thing you do after your divorce decree.
- Check property titles and joint accounts – Remove your ex-spouse’s name where necessary.
- Speak to a UAE-based inheritance lawyer – Every case is different. Our professional family lawyers in Dubai can help you avoid future complications.
Can a Divorced Spouse Inherit in UAE?
- If you’re Muslim: No, unless you include them in a will (wasiyya).
- If you’re non-Muslim: No, unless you leave them something in a registered will.
- If your divorce isn’t finalized: Sadly, yes—they’re still legally your spouse.
Conclusion
Divorce doesn’t just end your marriage—it changes who inherits from you. If you’re divorced in the UAE (or going through it), don’t assume everything sorts itself out. Without a proper will and legal guidance, your ex could still benefit when you didn’t mean for that to happen.
Sort your will. Speak to a lawyer. And secure your future, your way. Contact Us Today!
FAQs
1- Can my ex-wife inherit after divorce?
Not unless you name her in your will or the divorce wasn’t finalized yet.
2- Do I need a will to exclude my ex-spouse?
Yes—especially if you’re non-Muslim. Wills give you full control.
3- My divorce isn’t finalized. Could my ex inherit?
Yes. They’re still your legal spouse until the divorce is complete.
4- Do children inherit after divorce?
Yes, absolutely. Divorce doesn’t affect your children’s inheritance rights.
5- Can I disinherit my ex-spouse completely?
Yes, via a clear, registered will.