Many people assume that a long-term separation is enough to sever legal and financial ties with a spouse. However, in the eyes of the law, unless you are officially divorced, you remain legally married — and that can have significant implications for your financial future. This article explores what happens when you’ve been separated for years without divorcing, and whether your ex-partner might still be entitled to your money.
Separation vs. divorce: What’s the legal difference?
It is important to understand the difference between separation and divorce:
- Separation can be informal. Couples may choose to live apart without any legal documentation. Some might create a separation agreement, which outlines responsibilities and arrangements during their time apart.
- Divorce, on the other hand, is a formal legal process that not only ends the marriage but allows for a financial settlement through the courts. Until a divorce is finalised, your financial ties to your spouse remain intact.
In short, while emotional and physical separation may have occurred, the law still sees the marriage as valid until a divorce decree is issued.
Can a spouse claim money after years of separation?
Yes — and this often comes as a shock. Under family law in England and Wales, there is no automatic expiry on a spouse’s ability to make financial claims, even if you’ve been separated for decades.
As long as you are still legally married:
- Your spouse can seek spousal maintenance
- They may be entitled to a share of your property or assets, including any acquired after separation
- They can make a claim on your pension
- If you pass away without a valid will, they could inherit under intestacy rules
This legal entitlement only ends once a legally binding financial order has been approved by the court following divorce.
In the 2015 case of Wyatt v Vince, the Supreme Court ruled that a woman could pursue financial claims against her former husband more than 20 years after their separation — and 19 years after their divorce. The court reasoned that although no claim had been made during the divorce, there was no statutory limitation preventing one.
Although the parties in this case were divorced, it highlights a key legal principle: without a financial order, the door remains open indefinitely for a spouse to seek financial redress.
Financial orders: The only way to ensure finality
When a couple divorces, they should not only seek a final divorce order but also obtain a financial order. There are two main types:
- Consent Order – Where both parties agree on asset division and submit the terms to the court for approval. Once sealed by the court, it becomes legally binding.
- Financial Order – If no agreement can be reached, the court will decide how to divide assets following a series of formal hearings.
Without one of these orders, your former spouse can come back years later with a claim, especially if your financial situation has improved.
What assets can be claimed?
Even if you separated many years ago, your spouse might be entitled to assets such as:
- The marital home (even if only one name is on the title)
- Pensions
- Savings and investments
- Business interests
- Inheritances, depending on timing and use
If these were accrued during the marriage — or in some cases, even after separation — they can potentially be included in a financial settlement.
What if I’ve remarried or moved on?
If you remarry before making a financial claim, you may lose your right to apply for a financial order under divorce law. However, your ex-spouse — if they haven’t remarried — can still make a claim against you.
If you’ve acquired wealth or property since separation (e.g., from a new partner or business success), these can sometimes be considered “matrimonial assets” — particularly if the marriage was long or you had children together.
This means that even assets accumulated post-separation could be at risk without a clean break order in place.
What should you do if you’re separated but not divorced?
If you’re in this situation, there are proactive steps you can take:
- Seek legal advice: A family solicitor can help you understand your exposure and advise on the best steps to protect your interests.
- Start the divorce process: A formal divorce is essential to legally end the marriage and begin resolving finances.
- Negotiate a financial settlement: Even if you and your ex are amicable, put all agreements in writing. Mediation can help if communication is difficult.
- Apply for a financial order: Don’t skip this step. Without a financial order, your ex can still come after your assets in the future.
How can you protect yourself?
Here are key ways to shield your financial future:
- Get a consent order: This locks in the terms of your settlement.
- Create a Will: If you don’t, your ex could inherit your estate if you die while still legally married.
- Document all agreements: If you have informally divided assets, record it — though this won’t carry legal weight without court approval, it may be helpful evidence.
- Don’t wait: Delaying the divorce or financial settlement can backfire, especially if your financial situation improves.
Common misconceptions
“We’ve been separated for years — surely they can’t claim anything now?” Wrong. Time apart doesn’t erase financial obligations. Only a court order can.
“They’ve moved on — they wouldn’t claim anything.” People’s circumstances change. A future financial need or dispute can lead them to seek claims.
“I have nothing now, so I don’t need to bother.” Your situation may change. A lottery win, inheritance, or property appreciation can become a future target.
Remaining legally married — even after years of separation — creates ongoing financial risk. If you don’t obtain a divorce and financial order, your ex-spouse can legally claim against your income, pension, home, and other assets. Separation may feel like a clean break emotionally, but it is not a legal one.
To protect your financial future, take steps now:
- Initiate a divorce
- Seek a clean break financial order
- Work with a solicitor to secure your position.