When does a new boyfriend relieve the ex husband of his obligations?

On Divorce in considering an appropriate financial settlement, the first consideration is how the children are going to be provided for.

That can sometimes mean that the husband has to leave his interest in the house to be used by the wife and the children until either they finish education or she cohabits or remarries, this is called a Mesher Type Order. Husband may also have to pay maintenance for his ex-wife as well as child support.

If The ex-wife starts a new relationship at what point does the ex-husband’s obligations to pay her maintenance cease and when can he get his capital out of the house? Most Court Orders will state that if the ex-wife cohabits for a period of 6 months or more then she must either find the capital to buy the ex-husband’s interest in that property out or the property must be sold and she will lose her entitlement to spousal maintenance. That is fine if her new partner has moved in and made a commitment and has some financial resources of his own. The problems that can prevent this seemingly fair arrangement working satisfactorily are numerous, for example:-

a)   The ex-wife is seeing someone, he is spending 2 – 3 days per week living with her and the children in the former matrimonial home but he maintains his own home elsewhere and does not contribute to the ex-wife’s household save for treats and holidays. The ex-husband would find it virtually impossible to establish cohabitation in that circumstance, and he would have to continue paying spousal maintenance and he would not get his money out of the house.

b)   There is no equality when looking at the impact of a new relationship. The ex-husband meets a girl they move in together, she gets on well with the children and that relationship will hopefully flourish. If the ex-wife meets someone and they want to make a home together she will have to find the capital to buy out the ex-husband or sell the home in which she and the children have been living for some years, her spousal maintenance will cease, the working family tax credit that she was receiving will cease because she is now cohabiting and if her children are about to go to University the discretionary financial awards that are available to a lot of students who come from single parent homes will no longer be available to her. The cost to her of moving on with her life and building a new relationship is much higher and many women are having to compromise their romantic happiness because of financial consequences.

It's not easy is it? 

If these or any other issues relating to family breakdown are problems for you please contact us on 01423 858582 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it