Moving in with a new partner after divorce, country by country

Moving in after a divorce is a different decision from the first time round. You may still have a support order, a parenting plan or a share of a pension in play, and you may own something you fought hard to keep. None of that is a reason not to do it. It's a reason to spend one evening with the paperwork before you spend a weekend with the removal van.

Three things living together can change

Living together touches three separate parts of your life, and the law treats each one differently.

1. What you get from, or pay to, your ex. Spousal maintenance or alimony can end or shrink when the person receiving it remarries, and in some places when they live with someone new.
2. What your new partner could claim if you split. In some countries a live-in partner gains no claim at all; in others they can ask a court for a share after a qualifying period.
3. Who inherits. An unmarried partner often inherits nothing unless a will says so, while an old will may still name your ex.

Before you move: read your own order first

Whatever country you live in, start with the document that ended your marriage: the court order, consent order, settlement or separation agreement. Look for:

• anything about support ending or being reviewed if you live with someone or remarry;
• the family home, if you still own it jointly or have a right to live there;
• children: where they live, any terms about new partners staying over, and anything about moving house or area;
• pensions or retirement accounts that were shared and may name a beneficiary.

If something is unclear, ask the lawyer who handled your divorce. A ten-minute question now costs less than an argument later.

England and Wales

England and Wales has no "common law marriage". The House of Commons Library puts it plainly: cohabitation gives no general legal status to a couple. If you live together and separate, neither of you can claim maintenance for yourself, however long it lasted. Who owns the home depends on whose name is on the deeds, what you agreed and who paid for what, under the general law of property and trusts. A parent can still claim for a child of the relationship under Schedule 1 of the Children Act 1989.

If you receive maintenance from your ex-spouse, it ends automatically if you remarry or form a civil partnership (section 28 of the Matrimonial Causes Act 1973). Living with someone does not end it automatically, but your ex can ask the court to vary the order under section 31, and a new household's finances will be part of that picture.

This may change. The Ministry of Justice consulted from 5 June to 14 August 2026 on new rights for cohabiting couples who separate, a framework it said would be narrower than the one on divorce. At the time of writing those are proposals, not law.

Scotland

Scotland gives cohabitants a limited claim. Under section 28 of the Family Law (Scotland) Act 2006, a former cohabitant can ask the court for a payment that reflects economic advantages and disadvantages from the relationship, such as giving up work to care for a child. The deadline is strict: the application must be made within one year of the day you stop living together.

Northern Ireland

Northern Ireland has no general claim for cohabitants either. The Law Society of Northern Ireland describes the idea that couples gain marriage-like rights after a while as a misconception, and sums up the starting point as "each keeps their own". Paying for improvements or upkeep can sometimes give a partner an interest in a home, but not necessarily an equal share. The Law Society adds that a cohabitation agreement can be legally binding if it is made under the right conditions.

Ireland

Ireland has a redress scheme for cohabitants under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. According to Citizens Information, you are a "qualified cohabitant" if you lived together in an intimate, committed relationship for five years, or two years if you have a child together. A financially dependent partner can then ask the court for orders such as maintenance, property adjustment or a share of a pension, and must apply within two years of the relationship ending. A qualified cohabitant can also apply for provision from a partner's estate after a death.

The United States

In the US, family law is state law, so the answer depends on your state and on what your divorce judgment says. Living with someone can affect alimony you receive:

• Florida: a court must reduce or end alimony when it makes written findings that the person receiving it is in a "supportive relationship" with someone they are not related to (Florida Statutes, section 61.14).
• New York: a court can change maintenance if the person receiving it is habitually living with someone and presenting themselves as that person's spouse (Domestic Relations Law, section 248). Remarriage ends it.

Many settlement agreements also have their own cohabitation clause, which can be stricter than the statute. Read yours, and ask a family lawyer in your state what rights an unmarried partner would have there.

Canada

In Canada, property rights for couples who live together are set by each province.

• Ontario: CLEO, Ontario's community legal education service, explains that common-law partners do not share the equalisation of property that married spouses do. Each partner generally keeps what is in their own name, and a partner does not automatically have the right to stay in the home if it isn't in their name.
• British Columbia: the province's property rules apply to unmarried couples who have lived together in a marriage-like relationship for at least two years, who will generally share property acquired during the relationship. Couples can opt out by agreement.
• Quebec: since 30 June 2025, de facto spouses who live together and have a child born on or after that date form a "parental union", with a shared patrimony that includes the family residence, furniture and cars used for family travel.

Australia

Australia's federal family law covers de facto couples as well as married ones (Western Australia has its own arrangements, so check locally there). Legal Aid NSW says a former de facto partner can apply for a property settlement if you lived together for more than two years, had a child together, made significant contributions, or registered the relationship. Applications must be made within two years of separating. Couples can make a binding financial agreement before, during or at the end of a relationship, but only if each person gets independent legal advice, and both lawyers sign to say so.

Put it in writing

A written cohabitation or living-together agreement (in Australia, a financial agreement) is the simplest protection for both of you. It can cover:

• who owns the home, and in what shares;
• who pays the rent or mortgage, bills and household costs;
• what happens to money either of you puts into the home;
• joint accounts and big purchases;
• what happens if you separate, including who stays in the home and for how long.

Each of you should take your own legal advice. That isn't distrust. It's what makes an agreement stand up when it matters, and in some places, such as Australia, it's a legal requirement.

Wills, pensions and insurance

Moving in is the moment to check who gets what if you die. In England and Wales, getting married cancels any earlier will, but moving in does not change a will at all, and an unmarried partner does not inherit automatically without one. Pension nominations and life insurance beneficiaries may still name your ex. Review them now, and again if you marry. Our guide to dating after divorce over 50 has a longer checklist.

If you have children

Moving in changes your children's daily lives, and possibly your co-parent's. Tell your co-parent before the move, not after, and follow any order about where the children live. Make sure the children know your partner well first and have their own space in the new home. Our guides to introducing a new partner to your children and blended families cover the family side.

Questions to answer before the van arrives

1. Does my divorce order or agreement say anything about living with someone?
2. Could moving in change support I pay or receive?
3. Whose name will be on the deeds or the lease?
4. How will we split costs, and what happens to money I put in?
5. What happens to the home if we separate, or if one of us dies?
6. Have the children met my partner and had time to adjust?

If you're thinking about marrying again, read our guide to prenups before a second marriage. And if you're wondering whether things are moving quickly, rebound relationships is worth ten minutes first.