The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Will cohabitation mean spousal payments will stop?

  • rmortimer
  • rmortimer's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Feb 12 #315088 by rmortimer
Topic started by rmortimer
Hi, I have been divorced for just over a year and separated for 2years. I have 2 young children and have recently bought my own home from the proceeds of the divorce and am funding the mortgage and bills solely through my spousal maintenance that my ex gives me, as per our court agreement.

My new partner has recently moved in with me and I have three concerns; firstly although our court order states that the spousal maintenance can only stop on my remarriage, will me cohabiting affect this at all?? Secondly, as this house is in my name and my partner pays a rent each month to me to cover his portion of bills, how can I protect my home should we split up?? Thirdly, if my ex does decide to contend the spousal maintenance is there any way to legally prove that my new partner does not support me or the children in any way other than his portion of bills? I have no access or interest in my partners finances and he has none in mine and I am happy for it to remain this way until such time as we should marry. I am currently still at home looking after my children as they are not yet of school age and therefore do not want to risk losing my spousal maintenance at this early stage.

Any help would be much appreciated.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
28 Feb 12 #315093 by maisymoos
Reply from maisymoos
I hope someone with more knowledge can confirm this, but I would have thought unless it was written in the court order that SM would not stop automatically if you cohabit.

Your ex could, however, apply for a variation to reduce SM after 6-12 months of cohabitation. Your new partner is paying a portion of the bills so this in turn reduces your need.

I believe you can put something in place to protect your assets when cohabiting I would definitely seek legal advice in relation to this asap.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
28 Feb 12 #315103 by Fiona
Reply from Fiona
When circumstances change either party can apply to court for a variation. The court then looks at the financial position of both parties afresh and a new partner would normally be expected to be contributing towards the household expenses and therefore reducing your need of SM.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.