Cohabitation Rights
& Police Pensions
Unmarried Partners, Survivor Benefits and Scheme Rules (UK 2026)
Snippet Definition
Do Cohabiting Partners Have Rights
to a Police Pension?
In the UK, a cohabiting partner may be eligible for a police survivor pension if specific dependency and cohabitation criteria are met under the relevant Police Pension Regulations (1987, 2006 or 2015 scheme). Eligibility is not automatic and usually requires evidence of financial interdependence and long-term cohabitation.
Section 01
The Legal Position
Unlike many other jurisdictions, UK law (specifically England & Wales) does not recognise "common law marriage". This has profound implications for police survivor benefits.
- No Automatic Status: Living together, regardless of duration, does not confer the same automatic rights as a marriage certificate.
- Regulatory Dependency: Unmarried partners are defined as 'adult survivors' or 'eligible partners' under specific scheme criteria.
- Financial Interdependence: Partners must demonstrate they shared a common household and were mutually dependent for finances.
- Scheme Discretion: The final decision to pay a survivor pension rests with the force scheme manager, based on available evidence.
Institutional Context
In pension law, the bar for cohabitation is "significant and sustained interdependence". This means you must be able to prove that if one partner died, the other would suffer financial hardship without support, mirroring the requirements of a marriage.
Scheme Variations
1987 Scheme (Legacy)
The 1987 scheme primarily recognises only legal spouses and civil partners. Provision for unmarried cohabiting partners is extremely limited and typically not available unless there is a specific regulatory 'special' award context.
2006 & 2015 Schemes
Modern schemes explicitly include 'eligible survivor partners'. This allows unmarried partners to receive a pension for life provided they meet cohabitation and dependency tests at the date of death.
| Feature | 1987 | 2006 | 2015 |
|---|---|---|---|
| Cohabiting Partner Eligible? | Limited/No | Yes | Yes |
| Financial Dependency Required? | Yes | Yes | Yes |
| Nomination Form Required? | Recommended | Strongly Advised | Strongly Advised |
What Counts as “Cohabiting”?
The definition of cohabitation in police pension regulations is based on factual evidence rather than just "staying over".
Joint Household
Both partners must share a single, primary residence.
2 Year Minimum
The relationship should normally have existed for at least 2 continuous years.
Financial Interdependence
Mutual reliance for mortgage, rent, or significant utility bills.
Evidence Chain
Bank statements, council tax bills, and shared long-term commitments.
Crucial Risk Panel
If an officer maintains a separate address (even for commuting or force-related logistical reasons), the cohabitation claim may be rejected. The scheme manager looks for evidence of a permanent common household.
Death in Service
& Cohabiting Partners
If an active officer dies in service, the treatment of an unmarried partner differs from that of a spouse.
- • Lump Sum Grant: Usually payable based on the nomination form. If no form, the manager has total discretion.
- • Survivor Pension: Only payable if the cohabitation and dependency tests are passed.
- • Competing Claims: An estranged (un-divorced) spouse often has a stronger legal claim than a new cohabiting partner.
Officer B had been cohabiting for 4 years and shared a mortgage. However, Officer B had never updated their nomination form after a previous divorce. The death grant was delayed by 9 months while the force investigated whether the ex-spouse or the new partner was the 'intended' recipient.
The Nomination Imperative
Expression of Wish
For unmarried partners, the "Expression of Wish" form is your most powerful tool. It serves as primary evidence of the relationship's importance and your intent for the distribution of capital assets (death grant).
Clear Warning
Failure to update nomination forms may result in benefits being paid to an estranged ex-spouse or being frozen inForce during a legal dispute.
Divorce vs Cohabitation
There is a critical transition point. Once a divorce is finalised (Final Order), the ex-spouse loses their automatic 'widow' status. This opens the regulatory slot for an 'eligible partner'.
Important: A cohabiting partner cannot inherit the 'spouse' rights retrospectively. They must meet the criteria as an unmarried partner in their own right under the 2006 or 2015 regulations.
Children's Pensions
Children's pensions are inherently more flexible than partner's pensions. The marital status of the parents is irrelevant to the child's entitlement.
Ill-Health & Cohabitation
If an officer retires on ill-health grounds, their pension is enhanced. If they subsequently die, survivor rights apply to the enhanced pension value. Unmarried partners must still meet the cohabitation tests at the time of death, even if the officer had already retired.
Notice
In the 1987 scheme, cohabitation after retirement often carries no survivor pension rights whatsoever.
Cohabitation Eligibility Snapshot
Assessing Unmarried Partner Entitlement Likelihood
Assessment Baseline
Regulatory Analysis
Length of cohabitation and financial interdependence are the primary barriers to eligibility in the newer schemes.
Disclaimer: This tool provides a diagnostic snapshot based on general scheme rules. Formal eligibility is determined by the Force Pension Administrator and scheme manager discretion upon death.
Strategic Risks
Terminology Gap
Assuming 'Cohabitation' automatically equals 'Spouse' rights in forcing.
Evidence Deficit
Lack of joint bank accounts or shared utility bills to prove interdependence.
Outdated Nominations
Ex-spouses still named on death grant forms creating friction.
1987 Ineligibility
Officers in the 1987 scheme not realising their partner has no survivor right.
Dual Residences
Maintaining a separate 'pad' for work which invalidates cohabitation.
Divorce Delay
Cohabiting while still technically married to an ex-spouse.
"Living together gives automatic pension rights after 2 years."
Reality: Duration is only one factor; you must also demonstrate financial interdepencence and satisfy scheme specific rules.
"Nomination forms guarantee payment."
Reality: Scheme managers retain absolute discretion. The form is evidence, not a legal mandate.
Common FAQs
Do cohabiting partners get police pensions?
Yes, in the 2006 and 2015 schemes, cohabiting partners can receive a survivor's pension if they meet specific criteria. This includes living together for at least two years and being financially interdependent. In the 1987 scheme, provision is significantly more restricted and often not available for unmarried partners unless specific dependency criteria are met.
Is there common law marriage in police pensions?
No. 'Common law marriage' has no legal standing in England & Wales. For a cohabiting partner to claim a police pension, they must satisfy the specific regulatory requirements for 'adult survivors' or 'survivor partners' as defined in the 2006 or 2015 regulations.
How long must you live together?
Generally, you must have lived together in a relationship for a minimum of two years. However, this cohabitation must also be accompanied by financial interdependence (such as joint accounts, shared bills, or shared property ownership) at the time of the officer's death.
Do I need a nomination form?
While the 2006 and 2015 schemes no longer strictly require a formal declaration form for the *pension* itself (following legal challenges), having a completed nomination/declaration form is strongly advised. It provides the scheme manager with clear evidence of your intent and the existence of the relationship, speeding up the claim process.
What happens if I die without updating forms?
If your nomination forms list an ex-spouse or nobody at all, it can create a 'competing claim'. The scheme manager has discretion but may be forced to withhold payment while investigating the validity of your cohabiting relationship, leading to significant delays and potential legal costs for your partner.
Can children from cohabiting relationships claim?
Yes. Eligible children have an independent right to a survivor pension regardless of the parents' marital status. This is usually payable as long as they are under 18, or under 23 if in full-time education.
Does divorce affect cohabiting partner rights?
Divorce removes an ex-spouse's automatic right, which 'clears the path' for a new cohabiting partner to potentially claim under the 2006 or 2015 schemes. However, a Pension Sharing Order from a previous marriage will reduce the overall value of the pension from which the survivor benefit is calculated.
Are 1987 scheme rules different?
Significantly. The 1987 scheme was designed before modern cohabitation rights were standard. It primarily recognises only legal spouses and civil partners as automatic survivors. Unmarried partners in the 1987 scheme face much higher barriers to eligibility, often requiring proof of absolute financial dependency.
Related Resources
This guide is a core component of the Family & Financial Law Hub. For more on asset division, explore our guide to Death in Service & Divorce. For retirement modeling, use the Police Pension Calculator or view the Pay & Allowances Hub.
Disclaimer: This guide is provided for informational purposes only and does not constitute legal or financial advice. Police pension regulations are subject to legislative change. Always consult with your force pension administrator.