Readers' Questions - Living with a new partner after a divorce
Dear Mary,
I currently receive both spousal and child maintenance from my ex husband. I am now cohabiting with a new partner who does not contribute to the household financially. Would I still lose my spousal maintenance after a period of 6 months even though I receive no money from my new partner?
You won’t lose your maintenance because you’re living with someone (no matter how long you’ve been together) – unless there was a specific agreement in the court order. Your ex could apply to the court and argue that he should now stop having to pay maintenance, but he would have to show that you are being supported by your new partner – and you are not. So you can stop worrying.
Dear Mary,
I left my home 9 months ago to live with a new partner in their freehold house. We agreed that I should pay rent to avoid the possibility of including my partners assets as part of the settlement with my ex spouse. Since moving in, my partner has lost his job and I am having to support him with household costs. My ex spouse is trying to have my partners assets included in the settlement. My argument is that I am a tenant who is cohabiting with the landlord and I am stating that I will stop cohabiting as soon as I receive settlement. I am really confused that my partner’s finances should be included in the settlement. Do I have to have my partner's finances disclosed and included?
From what I can see you may have to. This is because it will affect your accommodation and other costs in the future. That is, unless you really are about to move out. I think you should get some specialist legal advice. If you don’t already have a solicitor, follow the link below to search for a family law specialist in your area.
Dear Mary,
I have been divorced for past 18+ months. As part of the divorce I pay maintenance to both my ex-wife + my two children. One of the clauses in divorce agreement was that I can stop paying maintenance to my ex-wife if she marries again or cohabits with someone for more than six months.
Over the past 8+ months my ex-wife has a boyfriend staying with her on and off. He stays one or two nights a week and every other weekend when my children are with me. This is the same boyfriend who has been with her for the past 3 years. One of the main reasons why my marriage broke-up. My ex-wife and her boyfriend have been on holidays together several times.
Would I be in my rights to stop my ex-wife's maintenance if they co-habit few days a week? If the answer is yes then would I need to apply through court, solicitors or I can go ahead with stopping the maintenance without any notice?
Having someone stay over isn't cohabiting. Cohabiting means that you live together as if you are married, and that isn't the situation you are describing.
You could apply to the court and argue that you should stop having to pay maintenance, but you would have to show that your ex is being supported by her new partner – and, as he doesn't even live there, this seems very unlikely.
Sorry, I think you're stuck paying maintenance until he moves in permanently.
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