Unmarried vs Married: Who Gets What When You Split?

One of the most common misconceptions about separation and divorce in the UK is that assets are automatically divided 50/50 between couples. While this idea of an equal split might seem fair and straightforward, the reality is far more complex, especially when comparing married couples with those who are unmarried but have lived together.

At Best Solicitors, serving clients in Sheffield, Barnsley, and Chesterfield, we regularly advise on how the law approaches asset division in both scenarios. Understanding the differences can save you time, stress, and potential financial loss during a difficult period.

The Starting Point: Is it Always a 50/50 Split?

Many people believe that a divorce or separation means a clean 50/50 split of assets. However, this is not always the case, particularly if you are unmarried.

Married Couples

In divorce proceedings, the court begins with the principle that assets should be divided fairly, which often means starting with a 50/50 split of matrimonial assets. These include property, savings, pensions, and investments accumulated during the marriage. But “fair” doesn’t always mean equal. The court looks at many factors, such as:

• The length of the marriage
• Financial and non-financial contributions of both spouses
• Future needs, including housing and child maintenance
• The standard of living during the marriage

These considerations mean that while 50/50 may be a starting point, the final financial settlement could be very different.

Unmarried Couples

For couples who are not married, the law treats asset division quite differently. There is no automatic right to share assets equally. Instead, your rights depend heavily on legal ownership and whether you can prove you have a beneficial interest in shared assets.

If only one partner owns the family home or savings, the other partner has no automatic claim to these unless they can demonstrate contributions, either financial or sometimes non-financial, that justify a share. Because of this, many unmarried couples assume incorrectly that they have the same rights as married couples, leading to confusion and conflict.

What counts as a contribution? Financial and Non-Financial Factors

The court recognises that contributions to a relationship come in many forms, and not all of them are financial.

Married Couples

Both financial and non-financial contributions are taken into account when dividing assets. Financial contributions include salary, investments, and direct payments towards property or debts. Non-financial contributions are equally important, such as caring for children, running the household, or supporting a spouse’s career.

For example, a spouse who stayed at home to raise children has made an essential contribution, even if they did not earn an income. The courts aim to ensure these contributions are fairly reflected in any financial settlement.

Unmarried Couples

Unfortunately, non-financial contributions have limited recognition for unmarried couples unless they relate directly to financial interests. For example, caring for children or running the home does not automatically grant an interest in property or savings. Instead, to claim a share of assets, unmarried partners typically need to prove:

• They financially contributed to the purchase or upkeep of the property or assets
• There was a clear agreement or common intention to share ownership
• Evidence that they have a beneficial interest, such as joint mortgage payments or direct contributions

This legal distinction highlights why seeking advice from family law solicitors early on is so important if you’re unmarried and separating.

How Are Assets Divided? Property, Savings, and More…

When separating, dividing assets can be one of the most complicated parts of the process. Understanding how the law treats different asset types is crucial.

Family Home

• Married couples can expect the family home to be treated as part of the marital pot. Even if it’s in one spouse’s name, the court can order a fair division, including the likes of selling the property or transferring ownership to one party. The court may delay the sale if children are involved, prioritising their welfare.
• Unmarried couples face a different situation. Only the legal owner(s) on the title have automatic rights. If one partner isn’t on the title, they need to prove their contribution or interest to claim any share, which can be legally challenging.

Pensions and Savings

Pensions are a significant asset for divorcing married couples and can be shared by court order. Courts recognise the importance of pensions in future financial security. Unmarried couples do not have automatic pension rights unless the pension is jointly owned or designated. Savings and investments are similarly divided fairly for married couples, while unmarried partners only share what is legally theirs.

Debts and Liabilities

For married couples, debts incurred during the marriage may be split fairly in a divorce settlement. For unmarried couples, debts generally remain with the person who legally incurred them unless there’s evidence of joint responsibility.

What Does Fairness Mean? Beyond a Simple Split

A “fair” settlement in divorce or separation considers the entire picture — it’s not about a simple 50/50 split.

For Married Couples

Courts look at factors including:

• The future needs of both parties
• Caring responsibilities for children
• Health and age of the parties
• Financial resources available to each party

This holistic approach allows the court to tailor settlements to individual circumstances rather than relying on rigid formulas.

For Unmarried Couples

Fairness is more limited by law because unmarried partners do not benefit from the same automatic protections. Their financial claims must be supported by evidence of ownership or contribution. Because of this, unmarried couples often find the outcome less balanced and may need legal support to secure a fair share.

If you’re going through a divorce and worried about how your property and finances will be split, getting professional legal guidance is essential. An experienced family lawyer can guide you through the process, considering all the key factors to help protect your interests and reach a fair settlement.

If you’d like to better understand how divorce and asset division work, or need tailored advice for your circumstances, our team of divorce finance experts is here to support you. Simply click the button below.