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Spousal maintenance is an important aspect of divorce settlements, but what happens when the receiving spouse starts cohabiting with a new partner? This blog explores how cohabitation may affect your obligation to pay maintenance and when a reduction may be possible.
What is Spousal Maintenance?
After a divorce or separation, in order for the lower-earning spouse to maintain a reasonable standard of living (comparable to what they had during their marriage), the higher-earning spouse may be ordered to give them a financial payment. This typically occurs once a month and is often set for a limited period, but can last until one of the spouses dies, marries, or enters into a new civil partnership.
To calculate the exact amount that should be paid in spousal maintenance, the court will look at several factors, including:
- How much money the recipient requires to live comfortably
- How much they already earn
- How much they might earn in the future
- Age
- Ability to become self-sufficient and retrain
Spousal maintenance is not considered taxable income, so the recipient will receive the full amount sent to them.
Does Spousal Maintenance Stop if You Cohabit?
If the recipient of spousal maintenance begins cohabiting with a new partner, it does not automatically end the maintenance payments, but it may justify a reduction.
The paying spouse can apply to the court for a downward variation, which will be assessed based on changes in financial circumstances. Courts will evaluate the situation by considering:
- Whether the cohabitation is settled and stable
- Whether the new partner provides financial support that reduces the recipient’s needs
However, if the recipient deliberately avoids marriage to retain maintenance, this could be grounds for payments to stop entirely.
Spousal Maintenance Case Example:
In the case of KG v NB, a former husband sought to reduce his maintenance payments after his ex-wife began cohabiting. Her new partner significantly contributed to household expenses, which the husband argued should lessen his own financial obligations.
The court found that, while the relationship was serious and committed, it was unfair to expect the new partner to take on greater financial responsibility. Considering the wife’s health issues and future financial prospects, the judge ruled for a reduced maintenance amount, lowering it from £1,500 to £750 per month after their youngest child finished secondary education.
Related Spousal Maintenance Services
What to Expect From Our Spousal Maintenance Solicitors?
Our accredited spousal maintenance solicitors have a reputation for finding solutions to problems quickly and clearly, offering you a way forward on the best possible terms. That’s the same whether you are separating, divorcing or dissolving a civil partnership.
We subscribe to the Resolution Code of Practice and encourage a constructive and non-confrontational approach to resolving financial matters. We’ll help you reach a fair agreement, usually through negotiation and mediation or, as a last resort, the court.
Here’s a breakdown of what you can expect when working with our family law solicitors at TV Edwards:
- Personalised Advice: We assess your unique circumstances to provide tailored legal advice on your spousal maintenance rights and obligations.
- Representation in Court: If your case requires a court application for a new maintenance order or a variation of an existing one, we provide strong legal representation.
- Negotiation & Mediation: Where possible, we aim to resolve disputes amicably through negotiation or mediation to avoid the stress and costs of litigation.
- Financial Assessments: We work closely with financial experts to ensure fair and accurate assessments of income, living expenses, and financial needs.
- Ongoing Support: Whether your financial situation changes or you need advice on enforcement, we provide continued legal support to protect your interests.
For trusted, expert legal assistance with spousal maintenance matters, contact our team today.
Why Choose TV Edwards?
Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.
Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.
We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
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Spousal Maintenance Frequently Asked Questions
Does spousal maintenance automatically stop if my ex moves in with a new partner?
No, spousal maintenance does not automatically stop if the recipient starts cohabiting with a new partner.
However, the paying spouse can apply to the court to reduce or stop payments if the new partner is providing financial support. The court will assess whether the cohabitation has significantly changed the recipient’s financial needs.
Can I apply to reduce or stop spousal maintenance if my ex is cohabiting?
Yes, you can apply to the court for a variation of the maintenance order if you believe your ex’s financial situation has improved.
You will need to provide evidence showing that their new partner is contributing financially. The court will then determine whether a reduction or termination of payments is justified.
How does the court decide whether to reduce spousal maintenance?
The court considers factors such as financial contributions from the new partner and the stability of the cohabitation.
If the new relationship provides financial security for the recipient, the court may reduce maintenance. However, if the recipient’s financial needs remain the same, the payments may continue.
What if my ex deliberately avoids marriage to keep receiving maintenance?
If the court believes the recipient is avoiding marriage solely to retain maintenance, it may stop or reduce payments.
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Courts view this as an attempt to unfairly prolong financial dependence. If proven, it could lead to a significant reduction or even termination of maintenance. Get in touch today if you think this might be happening to you.
How long does the process take to change a spousal maintenance order?
If both parties agree, changes can be made quickly, but if contested, the process may take several months.
The length of time depends on whether negotiations, mediation, or a court hearing are required. Gathering financial evidence and attending hearings can extend the process.
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