Can my ex claim money from my new partner in the UK?
No, your ex-spouse cannot directly claim money, assets, or maintenance from your new partner in England and Wales. Your new partner is not a party to your divorce, and the court has no power to order them to contribute to any settlement. However, under Section 25 of the Matrimonial Causes Act 1973, the court can consider your new partner’s contribution to household expenses when calculating your personal financial needs and any spousal maintenance.
This means the court looks at the reality of your day-to-day position – including whether a new partner is sharing household costs – when assessing what you need going forward. If some of your living costs are already being met by someone else, or you share these as you are now a dual income household, that may reduce what the court considers your reasonable needs to be given you are not solely supporting your living expenses.
What financial information can my ex ask for from my new partner?
If divorce financial proceedings are ongoing and you are cohabiting with a new partner, you will likely need to include information about their finances as part of your formal disclosure. This is done through Form E, the financial disclosure document that both parties complete at the start of financial remedy proceedings.
The Form E asks for a detailed picture of your financial position, including your current living arrangements. Specifically, it may require you to state whether you are currently living with a new partner, or whether you intend to do so within the next six months. This matters because it gives the court an accurate picture of your day-to-day circumstances.
The level of financial information you need to provide about your partner is less than the information you need to provide about your own finances, but it is still important to be transparent based on the knowledge you have of their finances. If you are cohabiting, the court may want to understand:
- Their income: This way the court can assess whether your day-to-day living costs are already being partly met
- Any financial contributions they make: For example, whether they pay bills, rent, or mortgage costs
- Shared assets or joint accounts: Any financial links between you and your new partner that affect your overall position
- Assets and liabilities: An overview of their assets and liabilities including their values
Your ex cannot demand bank statements or financial documents directly from your new partner – that obligation falls on you. You are responsible for gathering the relevant information and including it honestly in your own Form E disclosure. You must reflect the true reality of your household arrangements, including any financial contributions your new partner makes toward shared living costs. However, there may be circumstances where the court orders further financial disclosure.
Solicitor’s tip: Courts take non-disclosure seriously, and providing inaccurate or incomplete information can affect the validity of any financial consent order reached.
Can my ex use my new living arrangements to argue for a lower settlement?
Yes, potentially. Your ex cannot claim money directly from your new partner, but they may argue that your reasonable financial needs are lower because you are sharing a home with someone else. If the court accepts that your housing costs or day-to-day expenses are partly being met by a new partner, that can reduce what it considers you need from the settlement.
It is not a claim against your new partner, but rather a challenge to the level of support you need going forward. However, this could also go the other way. If you are having to financially support your new partner for example because you have a child together, then this can impact your affordability and needs also. There is no hard and fast rule on how cohabitation can impact your financial settlement, and each case is different.
The wider question of how cohabitation can shape the overall financial outcome is covered in our guide on how cohabitation affects divorce settlements.
Does cohabiting with a new partner affect maintenance payments?
Yes, this is one of the areas where a new relationship can have the most direct financial impact.
If you receive spousal maintenance from your ex, moving in with a new partner may well affect it, though not automatically. Cohabitation does not end spousal maintenance unless the original order contains a specific cohabitation clause. What it does do is give the paying party grounds to apply to court for a variation or reduction. It is widely recognised as a material change in circumstances, and courts frequently respond by reducing or terminating maintenance where needs are found to be shared.
Child maintenance works differently. It is calculated through the Child Maintenance Service (CMS) based on the paying parent’s income and is not directly affected by either parent’s cohabiting arrangement. Although changes in income or living costs may trigger a reassessment, as could the birth of a further child which the paying party must provide for.
It is also worth understanding the key distinction between remarriage and cohabitation, because the legal consequences are quite different:
- Remarriage: Remarriage (without starting the financial remedy process) automatically extinguishes your right to apply for spousal maintenance, lump-sum orders, or property adjustment orders against your ex. Under Section 28(3) of the Matrimonial Causes Act 1973, this happens by operation of law, there is no discretion and no way to reverse it. However, if your ex-spouse has not remarried and they issue a financial remedy application post your remarriage, then the court may consider all financial applications including awards in your favour. Resolving your financial matters before any new marriage takes place is strongly advisable to avoid these complexities and limitations.
- Cohabitation: Cohabitation does not automatically end spousal maintenance. Unless the original court order contains a specific cohabitation clause, payments continue and stopping them requires a formal application to vary or terminate the order under Section 31 of the Matrimonial Causes Act 1973. Cohabitation is widely treated as a material change in circumstances, but the legal consequence is not automatic. A court order is still required
Specialist advice from one of our solicitors
Martha Holland, a Senior Associate at our family law office in Camden, says:
“Given the significant impact changing your cohabitation status (and remarriage) can have on your financial remedy rights, it is extremely important to seek specialist legal advice before you take steps to alter your family dynamic, if your matrimonial finances have not been formalised prior.
“Often, people come to us when it is too late, as they have already taken these steps in their new relationship without realising the financial consequences. Sometimes, and particularly in the earlier stages of a new relationship, there can be disputes around what constitutes cohabitation, and that can result in more acrimonious proceedings and increase costs, so taking advice at the outset can also assist in a more swift and amicable resolution.”
What if my ex and I were never married?
If you were never married, the legal position is entirely different. Unmarried couples have no access to the financial remedy provisions that apply to divorcing spouses under the Matrimonial Causes Act 1973. There is no equivalent right to claim a share of assets or spousal maintenance, and a new partner’s finances are far less likely to come under scrutiny, though there are ongoing Government consultations regarding a reform of this area of law.
That said, under the current law, some claims can still arise. If there is a dispute over property ownership, that falls under trust law, specifically the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). Financial provision for children beyond standard CMS payments may also be possible under Schedule 1 of the Children Act 1989. Both routes are narrower in scope than the matrimonial finance regime and are assessed on their own distinct legal terms.
Because unmarried couples fall entirely outside the matrimonial finance regime, they cannot obtain a clean break order – and they do not need one. The risk of indefinitely open financial claims does not apply to them, though separate legal considerations around property and trust law may still be relevant depending on their circumstances.
Why divorcing couples still need a clean break order
If you were married, financial claims do not automatically come to an end once the divorce itself has been finalised. Unless there is a court-approved clean break order, those claims can remain open indefinitely – not just for a short period after separation, but potentially for many years.
Many people assume that once enough time has passed, or once both former spouses have moved on and formed new relationships, the scope for future claims disappears. That is not the case.
A well-known example is Vince v Wyatt [2015], where a divorced former spouse was allowed to bring a financial claim more than 20 years after the marriage had ended, after both parties had moved on and one had gone on to build a successful business. This is because the couple never got a financial consent order, despite the marriage being legally dissolved.
This ongoing risk applies to former spouses specifically. The only way to formally bring potential future financial claims to an end is through a court-approved clean break order. Putting one in place as early as possible helps protect your own assets, as well as reducing the risk of future financial exposure affecting a new relationship.
Summary: When is a new partner’s finances relevant?
| Situation | Are your new partner’s finances relevant? |
| You are living with a new partner during divorce proceedings | Likely yes, their contribution to household costs may be considered |
| You and your new partner keep entirely separate finances | Less likely, but cohabitation itself may still be noted |
| You were never married to your ex | Typically no, unless property or children are involved |
| Your ex is receiving spousal maintenance and starts cohabiting | Yes, maintenance may be reduced or ended |
| Child maintenance is being assessed | Not directly – CMS uses the paying parent’s income |
| Your new partner’s name is on a joint account or mortgage with you | Yes, this financial link will need to be disclosed |
| Ex requesting your new partner’s bank statements directly | No, your ex cannot demand documents directly from your new partner (without a court order), but you must reflect their household contributions honestly in your own Form E disclosure, or update your Form E if this document has already been completed |
What steps can I take to protect my new partner’s finances?
If you are moving in with a new partner before your financial settlement is finalised, there are practical steps worth taking:
- Keep your finances separate where possible: Separate accounts and clearly defined financial responsibilities reduce the risk of your new partner’s resources being drawn into proceedings
- Be transparent in your disclosure: Attempting to minimise or conceal a new relationship can damage your credibility with the court and undermine your position
- Consider a cohabitation agreement: This can clarify how your finances and property are organised, providing a useful record of what belongs to whom
- Finalise your divorce finances promptly: The sooner a consent order is in place, the less exposure your new partner has to ongoing proceedings
- Seek legal advice early: Every situation is different, a family law solicitor can advise on how your specific circumstances are likely to be treated
It can feel unsettling to think about protecting a new partner when you are simply trying to move forward. But a few practical steps taken early can make things considerably clearer for both of you.
Solicitor’s tip: If your divorce finances are still unresolved and you move in with a new partner, keep your financial arrangements clear from the outset. A simple record of who pays for what, along with separate accounts where possible, can help show which resources are yours, which are theirs, and how shared household costs are actually handled.
Get clarity on where you stand
Your ex cannot claim money directly from your new partner. But if you share a home, the court may take the practical reality of that arrangement into account. It will consider how shared living costs affect your financial needs, what a fair settlement looks like, and whether any existing maintenance arrangement should be varied. The law in England and Wales draws a clear line between what the court can assess and what it can order, and your new partner sits firmly outside that line.
If you are unsure how your situation might be assessed, getting advice specific to your circumstances is the most important step you can take. Stowe Family Law’s team of specialist solicitors can help you understand your position from the outset.
Book a free callback to speak with one of our experts.
