Will Living with a New Partner Affect My Divorce?
Why timing and transparency matter more than you think
For many people, moving in with a new partner is a natural and positive step — especially if their former marriage or relationship has been emotionally over for some time. Legally, there’s nothing to stop you from beginning a new relationship or even living with someone else after separation.
However, if you start cohabiting before your marriage is legally dissolved or before a financial settlement has been finalised and approved by the court, it could affect the outcome of your divorce — particularly when it comes to maintenance and how your financial needs are assessed.
It’s also important to understand that even after your Final Order (formerly Decree Absolute) is granted, you remain financially connected to your former spouse until you have a legally binding consent order. Without it, your ex may be able to make financial claims against you in the future — sometimes even years later.
At Ribet Myles, our divorce financial settlement solicitors regularly advise clients on the implications of new relationships and cohabitation during or after separation. In this guide, we explain how to protect your position, avoid costly mistakes, and move forward with clarity and confidence.
New Relationships: A Guide for Divorcing Couples in England & Wales
One common question we hear from clients is:
“If I move in with a new partner, will it affect my divorce?”
The answer depends on a number of factors, including whether you’ve reached a financial settlement, if children are involved, and how your new living arrangements change your financial needs.
In this guide, we explain what the law says, how the courts approach these situations, and what you need to consider before making any decisions.
Can I Move in with Someone Else During My Divorce?
Legally, yes. Once you’re separated from your spouse, you’re free to start a new relationship and even live with someone else. However, cohabiting during divorce proceedings can have legal and financial consequences, particularly when it comes to financial disclosure and settlement.
How Living With a New Partner May Affect Your Divorce Settlement
In divorce proceedings, both parties are expected to provide full and frank financial disclosure. One of the key principles the court uses to determine a fair outcome is the “needs” of each person — in particular an assessment of each party’s housing and income needs, and their ability to meet those needs themselves.
If you're living with someone who helps pay your bills, owns the home you now live in, or contributes in other meaningful ways, the court may consider that your financial needs have changed — and that can reduce your entitlement to spousal maintenance or a larger share of the marital assets.
Example: James’s Story
James, a finance professional, separated from his wife after a 12-year marriage. A few months into the divorce process, he moved in with his new partner, who owned a central London flat. Because his housing and living costs were now covered, the court found that his financial “needs” were reduced — and awarded a smaller share of the family home than he originally sought.
Even though James’s new partner’s wealth wasn’t considered part of the matrimonial pot, her support changed how the court viewed his ongoing requirements.
Will My New Partner’s Finances Be Taken Into Account?
Your new partner’s money is not directly up for division, but it may still influence the outcome of your financial settlement. This is because:
If your living expenses are now shared, you may be viewed as needing less support.
If your new partner provides housing, you may no longer require a share of the former family home.
If they contribute to childcare or private education, it may affect how children’s needs are assessed.
The court won’t penalise you for being in a new relationship — but it will expect transparency and accuracy in how your financial position is presented, including giving disclosure of your new partner’s financial circumstances insofar as you are aware of them.
Will Living With A New Partner During a Divorce Affect Spousal Maintenance?
Yes — it can.
If you are receiving or seeking spousal maintenance, cohabiting with a new partner may reduce or eliminate your entitlement. The court looks at whether your needs are still unmet, and whether you have other support available.
If you already have a maintenance order in place and then start living with someone, your former spouse may apply to vary or end that maintenance on the basis that your circumstances have changed.
Will It Affect the Children?
The court’s main concern is always the welfare of the children. If you introduce a new partner into your home, especially if they’ll be living with you full-time, this may affect child arrangements — for example, where the children live or how often they see each parent.
Problems may arise if:
Your ex feels your new partner is being introduced too soon
There are disagreements about routines or values
The children struggle to adjust
In more serious cases, the court or CAFCASS may assess the new living environment as part of the child arrangements proceedings.
Do I Need to Disclose My New Living Situation?
Yes — especially if you're seeking a financial settlement or already in court proceedings. The Form E (financial disclosure form) asks whether you are living with anyone else, or expect to be in the near future.
Failing to disclose a new relationship, or not being honest about shared finances, can undermine your credibility — and even lead to a settlement being challenged or reopened.
Common Questions About Living With a New Partner During Divorce
Will cohabiting reduce what I receive in my settlement?
It might, particularly if your living costs have decreased or your financial needs appear lower than before.
Does the court look at my new partner’s income?
Not directly but their income is disclosable, and if their support reduces your reliance on your ex, it may be relevant.
Do I have to tell the court I’m living with someone?
Yes. If you’re cohabiting, or intend to cohabit, you must disclose this during financial proceedings.
Will it affect my spousal maintenance?
It can. If your new partner shares expenses, you may no longer be seen as needing support from your former spouse.
What if we’re just dating?
Dating alone, without shared finances or living arrangements, is unlikely to affect your divorce settlement.
What Can I Do If My Ex Is Living With Someone and Not Declaring It?
If you believe your ex-partner is cohabiting with a new partner but failing to disclose it during ongoing divorce or financial proceedings, it's important to act quickly and carefully. Non-disclosure of a significant change in circumstances — such as living with someone who contributes financially — can materially affect the outcome of a financial settlement, especially in relation to spousal maintenance. Courts expect both parties to be honest and transparent.
If you suspect your ex is hiding this information, you may be able to raise the issue through your solicitor, apply for further disclosure, or instruct a private investigator to gather evidence. If you're already paying maintenance, and your ex is now being supported by someone else, you may also be entitled to apply to vary or stop those payments. Always seek legal advice before taking action — especially if your original settlement has already been finalised, as challenging it may involve an application to reopen the case based on material non-disclosure.
Final Thoughts: Be Open, Strategic and Informed
Starting a new relationship can be a positive step forward — but during a divorce, it's important to understand the potential implications.
Before moving in with a new partner:
Get legal advice about how it may affect your divorce
Make full disclosure in all court forms
Consider how your new arrangements may be perceived, especially if children are involved
At Ribet Myles, we provide clear, expert legal advice tailored to your individual situation — whether you’re navigating a straightforward separation or dealing with complex finances, property, and child arrangements.
Call us today on 020 7242 6000 for a confidential consultation and find out where you stand. Speak to an International Family Law Expert