The simple and unhelpful answer is yes, possibly. You may be under the illusion that by putting-off moving in with a new partner until everything is finalised, your divorce negotiations and financial settlement won’t be affected. Unfortunately, it’s not as simple as that, and in any case, the divorce process can be lengthy.
So what are the rules?
The income and assets of your new partner and the financial support they offer you, if any, will be of interest to the court and must be disclosed in the negotiations with your spouse. The reasoning behind this is that if you are living together then your new partner may be helping to meet your needs; your needs are a factor taken into account by the court in working out a fair settlement on divorce. A new partner’s ability to contribute to those needs is particularly relevant where the matrimonial assets available are limited.
It’s understandable that you may feel unsettled by involving your new partner in your divorce proceeding, but the consequences of not doing so cannot be ignored. If you do not reveal that you are moving in together during the divorce negotiations or soon after, you risk your ex-partner applying to the court to set aside any financial settlement you reach on the basis of material non-disclosure.
Spousal Maintenance
If you are receiving spousal maintenance, living with a new partner will not automatically put an end to this, but it may give your former spouse grounds to ask the court to review it. Shared expenses can reduce your financial needs, and the court will take this into account when deciding whether payments should continue at the same level. If you remarry a new partner, then your spousal maintenance will cease entirely.
Timing is important. If you decide to cohabit before a settlement is agreed, the court may adjust its view of your needs. Even if you move in shortly after a settlement, this could still prompt a challenge from your ex-partner.
So how long do I have to wait?
There’s no set legal waiting period after a financial settlement before you can move in with a new partner. Once a financial order has been made and sealed by the court, it is legally binding, however, the timing of when you cohabit can still matter in practice:
- If you move in before the settlement is finalised: this must be disclosed, as it can affect how your financial needs are assessed and could reduce your entitlement.
- If you move in very soon after a settlement is made: while legally you’re free to do so, your ex-spouse could argue that the settlement was based on incomplete disclosure. If they can show you were already planning to live together or effectively had a new financial arrangement in place at the time of settlement, they may try to challenge or vary the order.
- If you wait a reasonable period: the risk of challenge is much lower. There isn’t a legal timeframe, but it is suggested waiting at least a few months after a financial settlement is approved, to avoid giving the impression that the original agreement was reached without full and frank disclosure.
What to consider
Consent orders may include specific provisions stating that spousal maintenance can be reviewed if the receiving party begins cohabiting for a set period (often six or twelve months). If that applies in your case, you’ll need to factor it in.
So the real answer is: you don’t have to wait, but moving in with a new partner straight after settlement can create suspicion and potential legal challenges. Waiting a little longer reduces those risks significantly.
The decision to cohabit can therefore be a complex one to make and will vary for each individual. If you intend to buy a property with your new partner will affect your need for a comprehensive will. For further advice on cohabitation, divorce and the settlement of matrimonial finances please contact our expert family team.