Ending a relationship can be emotionally and financially challenging. Many people wonder what their legal rights and entitlements are after a breakup, particularly when it comes to property, finances, and children. In this guide, we cover what you might be entitled to after splitting with your partner.
What are you legally entitled to after a breakup?
What you're entitled to after a breakup depends on whether you were married, in a civil partnership, or cohabiting as an unmarried couple. The law treats these situations differently, so knowing where you stand is key to understanding your rights.
Legal rights for married couples and civil partnerships
If you were married or in a civil partnership, you have legal rights under UK family law. This means you may be entitled to:
A share of shared property – This applies even if the home is in your partner’s name.
Spousal maintenance – If there’s a financial imbalance, one partner may have to support the other.
Pension sharing – Pensions are considered marital assets and can be divided in a divorce.
Division of savings, investments, and debts – Courts aim for a fair financial split.
Child support – If you have children together, financial support arrangements will need to be made.
💡 What about prenups? If you signed a prenuptial agreement, this may also set out how your finances should be divided. While not automatically legally binding in the UK, courts will generally uphold a well-drafted agreement that is fair and was signed voluntarily.
Legal rights for unmarried couples
If you lived together but weren’t married, your legal rights are very different from those of married couples. Many people assume they have the same protections under ‘common-law marriage’, but in the UK, this doesn’t legally exist - no matter how long you’ve been together.
👉You can learn more in our guide to common law partners.
What does this mean?
You don’t automatically have a right to your partner’s property – Even if you lived together for years, you only have rights if your name is on the title deeds or tenancy agreement.
No spousal maintenance – Unlike married couples, you can’t claim ongoing financial support from your ex.
You may have a claim if you contributed financially – If you helped pay the mortgage or invested in the home, you might be able to claim a share under property law.
Child maintenance still applies – If you have children together, the non-resident parent must provide financial support.
💡 Tip: If you and your partner made a cohabitation agreement or jointly owned assets, these can outline your financial entitlements after a breakup.
Understanding property rights
When a relationship ends, one of the biggest concerns is what happens to the home you shared. Whether you owned the property together, lived in a home owned by one partner, or rented, your rights will depend on legal ownership, financial contributions, and any agreements you had in place.
🏡 Jointly owned property
If you and your ex owned the property together, the way it’s divided depends on how it was legally registered:
Joint tenants – You both own equal shares of the property, meaning it typically has to be split 50/50 unless agreed otherwise. If one partner wants to keep the home, they may need to buy out the other’s share.
Tenants in common – Each person owns a specific share of the property, which could be equal or different percentages. If your ownership shares were unequal, the property is divided accordingly.
🏡 One partner owns the home
If the home is solely in your ex’s name, you may not have automatic legal rights to it. However, you may still be able to claim a share if:
You financially contributed to the mortgage, renovations, or household expenses.
You have a cohabitation agreement stating your right to a share of the property.
You can prove a 'beneficial interest' - meaning there was a clear understanding that you would have a stake in the home.
If you’ve invested money into the property, it’s worth seeking legal advice to see if you can claim an interest in it.
💡Tip: If you’re not named on the property but believe you have a financial stake, TOLATA (Trusts of Land and Appointment of Trustees Act) might help. This law allows anyone with a beneficial interest to claim a share - often used by unmarried couples but applies to anyone with a valid claim.
🏠 If you were renting
Your rights depend on whether your name is on the tenancy agreement:
Both names on the tenancy – You both have equal rights to stay. If one person wants to leave, they must formally remove themselves from the tenancy or come to an agreement with the landlord.
Only one name on the tenancy – The named tenant has legal rights to stay in the property, and the other may have no automatic right to remain. However, you may be able to negotiate with the landlord to stay or apply for a transfer if you’re eligible.
Maintenance and child support
When a relationship ends, financial support can become a major concern - especially if one partner was financially dependent on the other or if you have children together. Understanding your rights around spousal maintenance and child support is crucial for securing financial stability post-breakup.
💰 Spousal maintenance
If you were married or in a civil partnership, you may be entitled to spousal maintenance if you relied on your partner financially during the relationship. However, spousal maintenance isn’t automatic - it depends on factors like the length of your marriage, your financial situation, and your ability to support yourself. The court will also consider your ex-partner’s ability to pay. Maintenance can be agreed privately or determined by the court if there’s a dispute.
👉 If you believe you are entitled to spousal maintenance, it’s worth seeking legal advice from a family solicitor to understand your options and negotiate a fair arrangement.
👶 Child maintenance
If you and your ex-partner have children together, the parent who does not live with the child (the non-resident parent) is legally required to contribute financially through child maintenance. This ensures that both parents continue to support their child’s upbringing, even after separation.
How is child maintenance calculated?
The amount depends on the non-resident parent’s income and how much time the child spends with each parent. The calculation generally follows a standard formula, taking into account:
Gross weekly income of the non-resident parent.
Number of children requiring support.
Any other dependents (e.g., children from another relationship).
How often the child stays overnight with the paying parent.
What if you have children? Parental rights and custody after separation
Separating when you have children can be emotionally and legally complex. It’s important to understand parental rights, custody arrangements, and financial responsibilities to ensure your child’s best interests are protected.
🏡 Child custody arrangements
After a separation, both parents should work together to decide where the child will live and how much time they will spend with each parent. Common custody arrangements include:
Joint custody (shared care) – The child lives with both parents at different times (e.g. alternating weeks).
Primary custody with visitation – The child lives with one parent most of the time, and the other has agreed contact (e.g, weekends, holidays).
How is custody decided?
The child’s best interests are always the priority.
Parents are encouraged to agree privately to avoid court disputes.
If they can’t agree, mediation is recommended before taking legal action.
If necessary, the court can issue a Child Arrangement Order, deciding where the child will live and what contact they will have with the other parent.
💡 Top tip: A court will only intervene if parents cannot reach an agreement or if one parent is preventing access unfairly. The goal is always to support the child’s relationship with both parents, as long as it is safe and in their best interests.
💰 Financial support for children
The parent who does not have day-to-day care of the child is usually required to contribute child maintenance to help with living costs. If the child has extra financial needs, such as private school fees or medical expenses, the court may order additional payments.
How is child maintenance calculated?
Based on the non-resident parent’s gross income.
Adjusted depending on how many nights the child spends with them.
Payments can be arranged privately or managed by the Child Maintenance Service (CMS) if parents cannot agree.
What happens to shared finances?
1. Joint bank accounts
If you have a joint bank account, both partners have equal rights to the funds. To avoid disputes, it’s best to freeze or close the account, especially if there’s a risk of one person withdrawing all the money. If one of you wants to keep the account, you may need to change it to a sole account with the bank’s approval. Keep in mind that any overdrafts remain a joint responsibility until cleared.
2. Shared debts
Debt responsibility depends on whose name is on the agreement. Joint debts, like loans or credit cards taken out together, must be repaid by both partners - even if one stops paying. Individual debts, however, remain the responsibility of the person who took them out. If you’re struggling to split payments, contacting lenders to restructure or transfer the debt can help.
3. Pensions
Married couples can include pensions in a financial settlement, either through pension sharing (transferring part of one pension to the other) or offsetting (exchanging pension value for another asset like property). However, unmarried couples have no automatic right to their partner’s pension, unless they’re named as a beneficiary. If pensions are a concern in your separation, seeking legal advice is recommended.
FAQs
Can I stay in our home after a breakup?
It depends on whether you own the property jointly, rent together, or if you can prove financial contributions.
Am I entitled to financial support after separating?
Married couples may be entitled to spousal maintenance, but unmarried partners typically have no right to financial support unless agreed upon.
Final thoughts
Breaking up is tough, and knowing where you stand legally can make all the difference. Whether you were married or cohabiting, your rights and entitlements will depend on your situation - things like who owns the home, shared finances, and childcare arrangements all play a role.
If you’re unsure about what you're entitled to or how to protect your interests, getting legal advice can give you clarity and peace of mind. The more informed you are, the easier it is to navigate the next steps and move forward with confidence.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
