5th April 2026
Whether a couple is married or not makes little difference in some parts of the UK system, but in others it can have very significant consequences.
The key point is that the law and benefits system treat couples differently depending on the situation. Sometimes you are treated as a couple regardless of marriage, and sometimes marriage brings important legal and financial protections that unmarried partners do not automatically have.
During retirement, while both partners are alive, the differences are relatively small. Each person builds up their own State Pension based on their National Insurance record, and this is not affected by whether they are married or cohabiting. In addition, means-tested benefits such as Pension Credit assess couples based on their joint income and savings if they are living together, regardless of marital status. In this sense, unmarried couples are treated the same as married couples: they cannot claim as two single individuals simply by not being married. Therefore, in day-to-day retirement income, there is generally no disadvantage to being unmarried.
However, the situation changes significantly when one partner dies. This is where the biggest differences appear. Married couples and civil partners can often inherit part of their partner's State Pension (especially under older rules) and are eligible for bereavement benefits, which provide financial support after a death. Unmarried partners, even if they have lived together for many years, usually do not have the same rights.
They may not be entitled to bereavement payments and generally cannot inherit State Pension entitlements. In addition, inheritance law does not automatically recognise cohabiting partners. If there is no will, an unmarried partner may receive nothing, whereas a spouse would inherit under standard legal rules. There can also be inheritance tax implications, as transfers between spouses are usually tax-free, while unmarried partners may face tax on inherited assets. This makes death of a partner the area where being unmarried can lead to the greatest financial disadvantage.
The differences are also important if a relationship breaks down. Married couples have access to a legal framework that allows courts to divide assets, including property, savings, and pensions, in a way that is intended to be fair. Unmarried couples do not have the same protection.
There is no automatic right to share a partner's assets, and disputes are usually resolved based on strict legal ownership rather than fairness. For example, if a home is in one partner's name, the other partner may have no right to it unless they can prove a legal interest.
Pension sharing is also not available to unmarried couples. While responsibilities towards children remain the same regardless of marital status, financial protection between partners is much weaker if they are not married.
Because of these differences, unmarried couples often need to take additional steps to protect themselves. Writing wills is essential to ensure that a partner inherits assets. Checking how property is owned (for example, as joint tenants) can ensure that a home passes automatically to the surviving partner.
Pension nominations should be completed so that benefits go to the intended person. Life insurance can help replace financial support that would otherwise be lost on death. Some couples also choose to draw up cohabitation agreements or arrange powers of attorney to manage financial and medical decisions if one partner becomes unable to do so.
Being unmarried does not usually affect day-to-day benefits or pension income while both partners are alive, but it can lead to significant disadvantages in the event of death or separation. Marriage or civil partnership provides automatic legal and financial protections, whereas unmarried couples must actively put arrangements in place to achieve similar security.
[b[Pension nominations[/b]
This is often overlooked.
Workplace & private pensions usually let you:
Nominate who gets the money if you die
But:
It's not automatic like for spouses
Trustees often follow your nomination — but it must be filled in
Action
Check your pension(s)
Add or update your partner as beneficiary
Simple priority checklist
If you only do a few things, do these:
Write wills
Check home ownership type
Nominate pension beneficiaries
Consider life insurance
Make a will (most important)
Without a will:
Your partner inherits nothing automatically
Your estate goes to:
children, or
other relatives
Even if you've lived together 30 years
What to do
Each of you writes a will naming the other
Keep it updated if circumstances change
This alone fixes a big chunk of the problem