Will my new partner be taken into consideration in my financial divorce settlement?

[delboy1984]

Hi, I've tried to find the answer to this question but can't find a definitive answer online so I'm asking for anyone who's been through something similar please?

I'm currently going through a divorce and our final financial hearing is in August. I'm wondering if my new partner will be taken into consideration and if so, will this mean I will receive less from my divorce settlement?

We will be looking to move in together at some point during the summer so would have been living together for around 2 months by the time the hearing takes place. She has about £35k in savings and is likely to be unemployed. Will she be taken into consideration? I wouldn't say she's particularly well off so I'm hoping not. The solicitor I've been talking to regarding separate child custody arrangements doesn't deal with the financial side (so I'm not sure if her statement is true) but she said that unless we've been cohabiting for 6 months the court won't be interested.

Is this the case?
Anyone been through something similar please? Any advice will be greatly appreciated.

Thank you!

[Luckydog7]

Only if you live together as you will be seen to be adequately houses and your 'needs' may therefore be lower and so you may get less of the joint assets especially if the amounts aren't high. Best to get the devorce and finances sorted before moving in and being very discreet about the relationship if an option.

[Luckydog7]

Adequately housed, that should be. Otherwise there should be no effect.

[Luckydog7]

Btw. I've seen too many examples on mn where women have completed the devorce but not the financial settlement and years later their ex comes sniffing for money and because they aren't legally financially separated they are successful at acquiring assets earned since their devorce. Make sure both are sorted.

[Stormbornform]

It's my understanding he should be.

[Stormbornform]

If you're living together I think his assets are taken into consideration. Can't you hold off?

[millymollymoomoo]

Don’t move In together until your consent order is finalised. !

[millymollymoomoo]

His assets aren’t considered for sharing but you’ll be considered housed therefore reducing your needs from the marital pot

[Jonathan70]

You’d need to be living together for 6 months for it to be taken into account.
In my case, I had to list my share of the outgoings when looking at my needs rather than the whole of the household bills. So when I filled out my form e, I wrote down the 50% share I’d be expected to contribute to the household outgoings (or more if my income was more than my new partners and that’s how we were splitting things). So, if that meant your outgoings are then less than your ex’s, their needs might be considered higher and their share of the assets more. It depends on the whole picture. Even though my outgoings were shared they were still much higher as the mortgage left on the family home was small and my ex’s bills were low with single person discount on council tax etc.
A new partners income isn’t considered, or their assets, that isn’t relevant or brought into it.
What is considered is that your housing needs are shared whereas, if your ex isn’t cohabiting, hers aren’t shared. Your new partner isn’t expected to house you as well as themselves, that’s incorrect, so moving in together doesn’t mean you are adequately housed for nothing. Both parties should be able to house themselves going forward. It just takes into consideration that your outgoings are shared.
I suppose it complicates things a bit if there’s not much to go round, so if you can hold off, then great. If not, it should be pointed out that it is a new rather than a situation which has been more long term or stable. Your new partner doesn’t need to be worried that they will have to start declaring their situation - even if they were a millionaire, it’s not relevant.

[delboy1984]

Thank you all!

So if we have only been living together for 2-3 months would my housing needs and outgoings actually be taken into consideration or not? Some say yes, some say only if we've been cohabiting for 6 months (as did my solicitor).

In terms of keeping it quiet, we didn't have a choice. We wanted to make it public anyway but my ex threatened to tell our children if I didn't (presumably so she could then say 'we must be serious and be considering moving in together').

[delboy1984]

@Jonathan70

You’d need to be living together for 6 months for it to be taken into account.
In my case, I had to list my share of the outgoings when looking at my needs rather than the whole of the household bills. So when I filled out my form e, I wrote down the 50% share I’d be expected to contribute to the household outgoings (or more if my income was more than my new partners and that’s how we were splitting things). So, if that meant your outgoings are then less than your ex’s, their needs might be considered higher and their share of the assets more. It depends on the whole picture. Even though my outgoings were shared they were still much higher as the mortgage left on the family home was small and my ex’s bills were low with single person discount on council tax etc.
A new partners income isn’t considered, or their assets, that isn’t relevant or brought into it.
What is considered is that your housing needs are shared whereas, if your ex isn’t cohabiting, hers aren’t shared. Your new partner isn’t expected to house you as well as themselves, that’s incorrect, so moving in together doesn’t mean you are adequately housed for nothing. Both parties should be able to house themselves going forward. It just takes into consideration that your outgoings are shared.
I suppose it complicates things a bit if there’s not much to go round, so if you can hold off, then great. If not, it should be pointed out that it is a new rather than a situation which has been more long term or stable. Your new partner doesn’t need to be worried that they will have to start declaring their situation - even if they were a millionaire, it’s not relevant.

Thanks @Jonathan70

So you had presumably been living together for over 6 months as your new partner was taken into consideration?

My case is similar to yours in that even though my outgoings will be shared with my new partner, they will still be much higher than my ex's as she has a very small mortgage and essentially she'll only be paying out probably a quarter in mortgage of what our rent will potentially be each month.

[LittleGreenDragons]

I think it's one of those situations that depends on how everyone is financially at the moment of court and the judge's discretion. Everyone needs to be housed sufficiently, with room for the children.

She has about £35k in savings and is likely to be unemployed. Will she be taken into consideration?
This is more concerning imo. Why will your new partner be unemployed when moving in together since it is months away? Will she be funding her share of the the rent/bills from her savings only, or are you planning to only use your wages so they look less at court time which means there is less for ex to house your children?

[TheFormidableMrsC]

I can only speak from my own experiences in court. My ex husband was considered to have his needs met in terms of housing as he had moved in with OW. OW was required to provide limited financial disclosure. I am aware that my ex husband was advised that co-habitant prior to financial settlement was not a good idea.

[delboy1984]

@LittleGreenDragons

I think it's one of those situations that depends on how everyone is financially at the moment of court and the judge's discretion. Everyone needs to be housed sufficiently, with room for the children.

She has about £35k in savings and is likely to be unemployed. Will she be taken into consideration?
This is more concerning imo. Why will your new partner be unemployed when moving in together since it is months away? Will she be funding her share of the the rent/bills from her savings only, or are you planning to only use your wages so they look less at court time which means there is less for ex to house your children?

My new partner currently lives over 200 miles away and is planning on going back to a career that she did over 12 years ago. She will be unemployed because of the move and it may take her a little time to be able to find suitable employment in her new area. Hopefully we're being a little pessimistic. She will be funding her share of everything herself.

[Jonathan70]

Yes, OP, 4 years by the time we divorced although I wasn’t in a position to house myself without cohabiting due to the equity being tied up in family home etc and had previously been living with family on sofa etc.
However, at no point was my new partners income or assets requested. My solicitor asked me to declare half of the household outgoings (which could all be evidenced) as I would be expected to contribute my half share and which were 3-4 times that of my ex’s (mainly due to the joint mortgage on the fmh being so small and nearly paid). So that was as far as declaring my new partners situation. The overall split went slightly in my ex’s favour as we have a dependant child who lives with her for more than 50% of the time, but stays with me for part of the week too, our earnings etc are the same, and I continue to pay child maintenance which tops hers up. She also receives child benefit and UC etc. Our standard of living is similar, she has more surplus funds. My solicitor said that there was no expectation that my new partner should house me or that I should live with family, as I had done for the first few years. Your housing needs aren’t met if someone else has to meet them - what would happen if the relationship broke down and your basic needs weren’t taken into account in a settlement?
However, I’m sure it wouldn’t have looked good if I was supporting a new partner (which I wasn’t - it is far more the other way round). You would want your new partner to be paying her half of the outgoings, unless the property you are renting is no more than what you would need alone with room for any children to stay.

[Jonathan70]

Which you’ve just said is the plan…👍

[Jonathan70]

Your housing needs (your half share) and your outgoings (not your new partners) will absolutely be taken into account. So, with everything you disclose, it is your share not the joint amount. If you were allocating an amount for holidays, clothes etc, that’s just your share or yours, not your new partners. That will be taken into account.

[delboy1984]

@Jonathan70

Yes, OP, 4 years by the time we divorced although I wasn’t in a position to house myself without cohabiting due to the equity being tied up in family home etc and had previously been living with family on sofa etc.
However, at no point was my new partners income or assets requested. My solicitor asked me to declare half of the household outgoings (which could all be evidenced) as I would be expected to contribute my half share and which were 3-4 times that of my ex’s (mainly due to the joint mortgage on the fmh being so small and nearly paid). So that was as far as declaring my new partners situation. The overall split went slightly in my ex’s favour as we have a dependant child who lives with her for more than 50% of the time, but stays with me for part of the week too, our earnings etc are the same, and I continue to pay child maintenance which tops hers up. She also receives child benefit and UC etc. Our standard of living is similar, she has more surplus funds. My solicitor said that there was no expectation that my new partner should house me or that I should live with family, as I had done for the first few years. Your housing needs aren’t met if someone else has to meet them - what would happen if the relationship broke down and your basic needs weren’t taken into account in a settlement?
However, I’m sure it wouldn’t have looked good if I was supporting a new partner (which I wasn’t - it is far more the other way round). You would want your new partner to be paying her half of the outgoings, unless the property you are renting is no more than what you would need alone with room for any children to stay.

Thanks @Jonathan70 for your replies. It seems that we are in quite a similar situation apart from probably the fact you had been cohabiting for 4 years whereas we will probably have only been living together for 3 months when the court hearing takes place.

As I said previously, my household outgoings (even once halved with my partners) will still be much higher than that of my ex's. The things is is that my ex is quite a needy person and I'd be VERY surprised if she hadn't got someone else also but has just kept it quiet!
The ex earns more, has a VERY small mortgage, has kept all the white goods and even though there's only approximately a £9k difference in our pensions (in my favour), she's going for half of that.

Sometimes it feels as though we're being punished for moving on with your life.
Thank you again.

[Jonathan70]

Yes, it’s extremely frustrating. In reality, my ex is much better off financially and has managed to save quite a lot, pay any legal fees outright, work part time, claim UC - alongside child credits and child benefit, as well as maintenance from me - so had double my income with hardly any housing costs. She retained the car and everything in the family home. Her outgoings, as declared in form E, were about 1/2, even 1/3, of my shared outgoings even though the children stay more days with her (due to the fact that I had to live with family as not enough to house us both without selling). By the point of our recent divorce, 2 of the children were by this point working and we have one under 18. My solicitor thought that a 50/50 - 60/40 split would be reasonable and it ended up 55/45 in her favour. Cohabiting doesn’t always make you the better off party. My ex was in a relationship before me but her new partner has his own home whereas I was living with family.
Dont forget that you should be able to have somewhere suitable for the children to stay too, where they can have equal chance at having a relationship with their dad. Housing the children is a priority but both parties should be housed even if it means both have to rent and the equity released. I didn’t really understand that when I first separated years ago. Best wishes to you.