posted 17th September 2026
Dating, Cohabiting and Remarriage After Divorce: The Financial Side
Most writing about new relationships after divorce is about the emotional side. This is about the financial consequences, which are less discussed and can be considerably more expensive.
If your finances are not yet settled
A new relationship while the settlement is still open changes things, whether or not it should.
The other party may see it as a reason to move more slowly, or to look harder at what is being claimed. Where one party is seeking maintenance, a new partner on the scene tends to prompt questions about whether the need is really as stated.
None of this makes a new relationship wrong. It does mean the finances are easier to settle before it becomes a factor than after.
The remarriage trap
This is the one that catches people out, and it is worth reading twice.
Under section 28(3) of the Matrimonial Causes Act 1973, a party who remarries or forms a civil partnership after divorce is generally barred from applying against their former spouse for a financial provision order or a property adjustment order.
In plain terms: divorce, remarry without having sorted out the finances, and you may lose the right to claim a lump sum or a share of the property from your first marriage. Permanently.
What does not save you
- Having discussed the finances with your former spouse
- Having instructed a solicitor
- Having exchanged correspondence
- Intending to make a claim
The application has to have been formally issued at court before the remarriage.
One exception worth knowing
Because of an omission when pension sharing was introduced in 2000, section 28(3) was never amended to cover it. So an application for a pension sharing order can still be made after remarriage, even where other claims are barred.
That is a narrow route rather than a solution, and most professionals in this area would say the answer is to obtain a consent order before remarrying rather than to rely on it.
Spousal maintenance and remarriage
Where a party receives spousal maintenance, it ends automatically on their remarriage. Not on the other party's remarriage — on theirs.
That is worth factoring into any decision, because the income simply stops.
Spousal maintenance and cohabitation
Different, and less well understood.
Cohabitation does not automatically end spousal maintenance. But it can amount to a change in circumstances, which allows the paying party to apply to vary the order under section 31 where the recipient's needs or outgoings have reduced as a result.
So moving in with a new partner may not end maintenance, but it may well prompt an application to reduce it.
Other things a new relationship affects
- *Your will.* Divorce affects it. Remarriage generally revokes it entirely unless it was made in contemplation of that marriage
- *Pension nominations.* These do not update themselves. A former spouse can still be named years later
- *Widow's or widower's benefits.* Remarriage may affect entitlements under a scheme or from the state
- *The family home.* Where one party kept it and a new partner moves in, that can raise questions about need and contribution
What to do about it
Settle the finances first, and obtain a consent order. That is the single step that removes almost every risk described above.
Once the order is approved and claims are dismissed, both parties are free to move on without any of this hanging over them.
If you are divorced without a financial order, that is worth resolving before a new relationship becomes a serious one rather than afterwards.
We negotiate the settlement and draw up the consent order, so there is no need to instruct a solicitor separately. Get in touch for a free initial consultation.
