The UK government has proposed new legislation that would grant unmarried couples legal claims to each other’s assets following a breakup, a move described by some as a “break-up tax.” Under the plan, which concluded its public consultation phase recently, cohabiting partners who have lived together for at least three years could be subject to court orders requiring the transfer of money, property, or pension rights if one partner is left unable to meet basic living expenses after separation.

Currently, couples who are not married have limited legal protections when their relationships end, despite nearly half of Britons believing that long-term cohabitation provides the same rights as marriage. The proposed changes would give courts the discretion to allocate financial resources between ex-partners in such cases, unless both parties had agreed in advance to opt out of this process.

Advocates for victims of domestic abuse have applauded the initiative, emphasizing that financial dependence often traps individuals in harmful relationships. Sam Smethers, representing the charity Surviving Economic Abuse, described the proposal as a “once-in-a-generation opportunity to change the lives of victim-survivors,” highlighting its potential to provide crucial support to vulnerable individuals.

However, the plan has drawn criticism from those concerned about its impact on personal choice and financial autonomy. Baroness Ruth Deech argued that many people choose to cohabit rather than marry because they value maintaining financial independence alongside companionship, and that this freedom should be preserved. Legal experts have also expressed concerns. Barrister Katharine Bundell warned that the new rules could increase risks for the partner with greater financial resources. Conversely, Yael Selig of Osbornes Law pointed to the current legal framework as inadequate, noting that unmarried couples face “very little protection” upon separation.

As the proposal moves forward, debates continue over balancing the rights and protections of cohabiting partners with respect for individual freedoms and financial arrangements. The government’s next steps will clarify how the law might evolve to address these complex issues.