Many people are surprised to learn that if you separate from a partner you were not married to, you are not automatically entitled to financial support from them beyond child maintenance.
This can be frightening, especially if you have children and relied on your partner financially.
The good news is that there are legal and practical options available to help support you and your child after separation.
Let’s break down what help is available.
Marriage vs Cohabitation – Why It Matters
When married couples divorce, they have wide-ranging financial legal claims against each other – both capital and income based – even if the assets are in only one spouse’s name.
For example, the family court has broad powers to:
- redistribute property
- divide pensions
- award lump sums
- and order ongoing spousal maintenance
In contrast, if you separate but are not married, you do not have these automatic rights. Your financial claims are focused on the child, not you personally.
However, you can seek help through specific avenues.
Child Maintenance
The starting point is child maintenance. Your ex-partner has a legal obligation to contribute financially to their child.
This can be:
- Agreed privately between you or
- Calculated through the Child Maintenance Service (CMS)
The amount depends on:
- The paying parent’s income
- How many children you have
- How many nights the child spends with each parent
Top Tip:
Work out what you think the other parent should be paying by using the online calculator here. You can only do this if you have an idea of the other parent’s income. If they won’t tell you what they earn, contact the Child Maintenance Service directly here – they can obtain income information and carry out a formal calculation.Do not delay contacting the Child Maintenance Service if the other parent is being difficult. It is not possible to backdate child maintenance to a date before you contacted them (except in very rare situations).
Financial Provision Under Schedule 1 (Children Act 1989)
If child maintenance is not enough to meet your child’s needs, you may be able to apply under Schedule 1.
This is a powerful but often misunderstood area of law.
The court can order your ex-partner to provide:
- A lump sum (for furniture or car for example)
- School fees
- Disability-related expenses
- Housing or money towards housing
In some cases, the court can order that you and the child remain in the family home until the child reaches adulthood, even if the property is not in your name.
This is not about giving you an asset – it’s about securing the child’s stability.
Benefits & Government Support
Many separated parents are entitled to financial support from the state, including:
• Universal Credit
• Child Benefit
• Housing support (depending on income)
• Council Tax reductions
• Free childcare hours (age dependent)
These can make a significant difference to financial stability during and after separation. Check what you could be entitled to in any given situation here.
When Property Is In Your Ex-Partner’s Name
This is extremely common.
You may still have options, including:
- Schedule 1 housing provision
- Claims under property law (TOLATA) if you contributed financially
- Negotiated agreements
Never assume you have “no rights” – always check first.
Practical Tips
To avoid financial disputes spiralling:
📁 Keep Records – documents showing your financial situation will help support your position.
🗣 Try Early Negotiation – reaching agreement outside court saves stress and money.
📨 Get Legal Advice Early – Schedule 1 applications can be technical and early guidance is key.
💬 Consider Mediation – a constructive setting can help resolve issues faster.
Final Thoughts
Separating when you’re not married feels daunting – especially financially. But you are not alone, and there are options. Child maintenance, Schedule 1 rights, and government support can provide real help and stability for you and your child.
If you’re unsure what you’re entitled to, or how to secure financial support, get in touch – early advice can make all the difference.