Spousal maintenance and new relationships

If I am paying spousal maintenance what happens if my ex-spouse starts a new relationship?

The remarriage of the payee (i.e. the former spouse receiving the payments) will automatically bring any spousal maintenance order to an end.

Sometimes, the court order in an individual case may say that the payee's cohabitation will also bring the order to the end.  If it does not, it is still possible for a payer to apply to court to vary the spousal maintenance order on the basis of the payee's cohabitation and the court will consider the circumstances and decide if the maintenance order should be changed.

One practical problem is that it can be difficult for a payer to verify whether a payee is cohabiting, and also to verify the nature of the relationship (for example, is the payee's new relationship stable and permanent, does the payee have joint finances or have any of their financial needs met by their new partner?), all of which would be relevant to the court's assessment of what impact the cohabitation should have on the spousal maintenance order.  There are ways to try and establish if someone is cohabiting, which a family lawyer would be able to advise on. 

In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.

We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).

These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.

Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.

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Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce.  Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.

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More finance FAQs

What financial orders can the court make upon a divorce? How are assets split as part of divorce? What will happen to our family house if we divorce? What happens to pensions if we divorce? Will one of us have to pay spousal maintenance to the other following a divorce?
Does one parent have to pay child maintenance to the other following separation? Are inherited assets or assets gifted from family protected from divorce? Are assets held in a trust protected in a divorce? If I am getting divorced abroad, can I still make financial claims in England? Do we have to go to court to resolve our financial issues upon divorce?
Do I have to give financial disclosure as part of divorce? How do I find out if my spouse is hiding assets as part of divorce? Are pre-nuptial agreements legally binding in England? What happens to assets I receive in the future after a divorce?