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Does having a new partner affect divorce settlement UK?

Updated on April 23, 2026

| Divorce, Family & Divorce, Relationships, Property and Finance

How having a new partner could impact your divorce settlement

The divorce process can sometimes take years to conclude, so it is not uncommon for individuals to find a new partner before the Final Order is granted. However, cohabiting with a new partner might affect your divorce settlement, so it is important to understand the legal position before you make any decisions about moving in.

How is a divorce settlement calculated?

The Court’s aim is to divide a divorcing couple’s finances as fairly as possible, taking into account each party’s financial needs and financial situation both before and after the marriage. Generally speaking, the Court will begin by considering a 50/50 split of all assets and then work backwards from there to determine a more fair distribution. There is no set method that the Court must use to calculate a divorce settlement, but there are a range of factors that they have to take into account if applicable. These include:

Any children both parties have
The current and future earning capabilities of both parties
The financial needs of both parties
Contributions that both parties made to the marriage (such as mortgage repayments on the family home)
The length of the marriage

The Court will not make their decision based on how the parties behaved towards one another during the marriage except in very rare circumstances where it is necessary to do so, for example in cases where domestic abuse was present in the relationship.

How will a new partner affect the divorce settlement?

In some circumstances, it may. As mentioned above, some of the factors that the Court will consider when calculating a divorce settlement will include your financial needs and situation. The Court will aim to ensure that the needs of both parties are met and that both parties can maintain the same standard of living following a divorce. Consequently, if you are now living with your new partner, the Court may believe that your financial needs are smaller. Even if you do not rely on your partner for any financial support and have completely separate finances, the Court may feel that living with your new partner reduces your day-to-day expenses and consequently reduce the amount you receive from your divorce settlement.

Can my ex-partner claim money from my new partner?

There are no circumstances in which an ex-partner would be able to claim money directly from a new partner as part of a divorce settlement.

Should I keep my new relationship quiet until the divorce is finalised?

You do not need to mention your new relationship if you are not cohabiting with your new partner and have no intention to cohabit with them any time soon. However, if you have moved in together or are likely to move in together in the near future, you need to be honest. If you fail to tell the Court that you are cohabiting or receiving any financial support from a new partner, your ex-partner will be able to apply to Court to have any existing orders varied to take this into account.

Will getting remarried affect my maintenance payments?

Once you remarry, your ex-spouse is no longer obligated to make any maintenance payments for your wellbeing. On the other hand, getting remarried should not have any affect on child maintenance payments.

Does child maintenance take into account a new partner’s income?

The amount of child maintenance that the paying parent has to pay will generally be calculated based on the paying parent’s income – the receiving parent’s income will generally not be taken into account. Therefore, having a new partner should not affect the amount of child maintenance you should receive from your ex-partner.

Does having a new partner affect Child Arrangements Agreements?

If your living arrangements have changed, there is a possibility that your Child Arrangements Order could be varied. The Court generally takes the opinion that it is better for children to remain in the marital home following divorce and that it is better for them to spend time with both of their parents. The Court will prioritise the wellbeing of the children in any divorce matter and therefore is unlikely to vary a Child Arrangements Order if the new living situation is not detrimental for them. However, you or your ex-partner can apply to vary the Child Arrangements Order if either of you feel that the previous arrangement is no longer beneficial for the children. Your ex-partner could apply for a Prohibited Steps Order which would forbid your new partner from having any contact with your children – however, the Court is only likely to grant such an Order if your new partner poses a threat to your child’s safety.

What happens to my divorce settlement if my new relationship ends?

It is possible to apply for variation of a divorce settlement if your circumstances have changed. If you were cohabiting with your new partner or your new partner provided financial support, your needs may change if that relationship ends.

How Starck Uberoi Solicitors can help

At Starck Uberoi, we understand how overwhelming and complicated divorce can be. We strive to make the divorce process as easy as it can possibly be by providing clear, up-to-date advice and expertise in a wide range of different areas of law. Our family solicitors offer a free 30-minute telephone consultation, after which they can help you understand your options and help you make a decision that’s right for you. To book an appointment with a member of our family law team, please call 0208 9400 485 or email family@starckuberoi.co.uk.

Our Brentford solicitors, are located on the High Street in a grand three-story building, just a short distance from Brentford County Court. Our Belgravia solicitors are located Just a 5 minute walk from Victoria tube station in Grosvenor Gardens. Our Ealing solicitors are only a short walk from both Ealing Broadway and South Ealing and our Richmond solicitors have the pleasure of overlooking the picturesque Richmond Green. Finally our solicitors in Canterbury are located in the within the UNESCO World Heritage Site of Canterbury Cathedral.

Our family solicitors are all members of the Law Society and Regulated by the Solicitors Regulation Authority.