Can Unmarried Couples claim spousal maintenance?

The answer to this question is simple and clear ‘No’.

In England, unmarried couples cannot claim spousal maintenance from each other merely because their relationship has ended.

There is no legal status of “common law spouse”, and cohabitation does not create the same financial rights as marriage or civil partnership, regardless of the length of the relationship. Common Law Spouse remains a myth in England however; unmarried couple’s rights are always being reviewed for future change.

Why Spousal Maintenance Is Not Available

Spousal maintenance is available in a divorce or dissolution of a civil partnership as it arises from the legal obligations created by marriage or civil partnership, therefore unmarried couples do not have those rights to ongoing financial support after separation.

This remains the case even if:

• the couple lived together for many years;
• one partner was financially dependent on the other;
• one partner gave up work or reduced their career to care for children;
• the parties described themselves as “common law husband and wife”;
• one partner paid most household expenses.

The law treats unmarried couples differently from married couples and civil partners therefore there is no automatic entitlement to share in the other partner’s income, pension, savings, or property simply because of cohabitation.

 What Claims May Still Be Available

Although spousal maintenance is not available, other limited claims may arise depending on the facts.

Child maintenance

If you have children together, one parent may be liable to pay the other child maintenance, depending on how the child splits their time. This is not maintenance for the former partner; it is financial support for the child. Both parents have a legal duty to support their children financially.

Property claims

You may have a claim to a share of property if you can establish a legal or beneficial interest such as:

• joint legal ownership;
• a declaration of trust;
• direct contributions to the purchase price or mortgage;
• a common intention constructive trust;
• proprietary estoppel;
• a claim under the Trusts of Land and Appointment of Trustees Act 1996.

Cohabitation Agreement Claims

If you entered into a cohabitation agreement or other binding agreement explaining financial provisions or how you would like assets to be divided, that agreement may be enforceable as a contract, subject to ordinary contractual principles.

Married vs Cohabiting Couples

• Married Couples & Civil Partners: may claim spousal maintenance and broader financial remedies.
• Unmarried Couples: cannot claim spousal maintenance, but may have claims relating to children, property and trusts.

How we can help

Here at Andrew Isaacs Law, we are available to support you by providing clear, compassionate, tailored advice for you and your circumstances, enabling you to move forward with your matter. If you need advice regarding your rights within a relationship, our dedicated team of Family Law Specialist Solicitors will be on hand to guide you through the process.

Contact us today

Because Your Family Matters

Article dated: 24.08.2026

Kerri Beaumont Family Law Solicitor

Kerri Michelle Beaumont is a highly experienced member of our growing team, specialising in all aspects of Family Law. Her expertise includes divorce, financial remedy proceedings, Trust of Land and Appointment of Trustees Act (TOLATA) disputes, and private Children Act matters.

Kerri is committed to delivering an exceptional level of client service, achieving strong outcomes while maintaining a compassionate, pragmatic, and cost-proportionate approach. She is known for quickly identifying the strengths and weaknesses of each case and providing clear, concise, and strategic advice tailored to her clients’ individual circumstances.

Kerri qualified with a 2:1 LLB (Hons) from the University of Hull in 2005 before completing the Bar Vocational Course, where she was awarded “Very Competent” and achieved the highest mark in criminal litigation, receiving the Westlaw Award. She was called to the Bar of England and Wales in 2006 (non-practising) and admitted to the Roll of Solicitors of the Supreme Court of England and Wales in 2011.

Her practice focuses exclusively on Family Law, including matters involving high-value assets, complex pension arrangements, and share schemes. Kerri also brings valuable experience in related areas such as shareholder disputes, inheritance claims, and civil litigation, enhancing her ability to advise on cases with overlapping legal issues.

Before joining the firm, Kerri was a Partner at an established law firm and has also worked within leading Legal 500 practices. Her professional background is complemented by a strong work ethic developed from working throughout her education, giving her a grounded and empathetic understanding of her clients’ needs.

Outside of work, Kerri enjoys spending time with her young son, travelling, dining out, and making the most of the outdoors with family and friends.