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Spouse

Also known as: Husband, Wife, Married Partner

Definition

A spouse is your husband or wife—someone you are legally married to under UK law, giving you significant inheritance rights, tax exemptions, and legal protections.

Understanding spouse status is crucial for will-making because it creates powerful legal rights that unmarried partners simply don't have, including complete inheritance tax exemption on all transfers between you.

What Does Spouse Mean?

Under English and Welsh law, a spouse is one member of a legally married couple. The Marriage Act 1949, Matrimonial Causes Act 1973, and Marriage (Same Sex Couples) Act 2013 govern the requirements for valid marriage. This includes both opposite-sex and same-sex married couples, who have had equal legal spouse status since March 2014 in England and Wales. Spouse status is distinct from civil partners (who have equivalent but separate legal rights under the Civil Partnership Act 2004) and from unmarried partners, who have no automatic inheritance rights regardless of how long they've lived together.

Spouses have complete exemption from inheritance tax on all transfers between them under the Inheritance Tax Act 1984, section 18. When James dies and leaves his entire £1.2 million estate to his wife Sarah, there's zero inheritance tax due to the spouse exemption. If he left the same amount to his brother instead, £350,000 in tax would be payable. Spouses also benefit from transferable nil-rate bands—any unused £325,000 tax-free allowance transfers to the surviving spouse, potentially creating a £650,000 tax-free allowance when the second spouse dies.

If you die without a will and you're married, your spouse has strong automatic inheritance rights under intestacy rules. In England and Wales, if you have no children, your spouse inherits your entire estate. If you have children, your spouse receives all your personal possessions, the first £322,000 of your estate (the statutory legacy), and half of the remaining estate. Emma dies without a will, survived by her husband Robert and two children. Her £600,000 estate is divided with Robert receiving £322,000 plus half of the remaining £278,000 (£139,000), totalling £461,000. The children share the other £139,000. If Emma and Robert had been unmarried partners living together, Robert would inherit nothing under intestacy rules.

Spouse status continues even during separation—only a final divorce decree (decree absolute) ends it. Michael and Sarah separated three years ago but never divorced. Despite their separation, Sarah remains Michael's legal spouse with full inheritance rights and the ability to challenge his will under the Inheritance (Provision for Family and Dependants) Act 1975. Physical separation has no legal effect on spouse status. Additionally, remarriage automatically revokes any previous will unless it was specifically made "in contemplation of that marriage," making it crucial to create a new will immediately after marrying.

Common Questions

"Do I have to leave everything to my spouse in my will?"

No, you are not legally required to leave everything to your spouse in England and Wales. You can distribute your estate to anyone you choose. However, if you don't make reasonable financial provision for your spouse, they may be able to challenge your will under the Inheritance (Provision for Family and Dependants) Act 1975.

"What happens if I die without a will and I'm married?"

If you die intestate (without a will) and you're married, your spouse inherits your entire estate if you have no children. If you have children, your spouse receives your personal possessions, the first £322,000 of your estate, and half of the remaining estate, with the other half going to your children.

"Does my spouse automatically inherit if we're separated but not divorced?"

Yes, if you're legally married but separated (not divorced), your spouse still has inheritance rights under intestacy rules and can inherit your estate. Getting legally divorced is the only way to remove these automatic inheritance rights. This is why updating your will during separation is crucial.

Common Misconceptions

Myth: "Common law marriage" gives you the same rights as a spouse

Reality: Common law marriage has no legal recognition in England and Wales (abolished in 1753 by Lord Hardwicke's Marriage Act). No matter how long you've lived together, unmarried partners have zero automatic inheritance rights under intestacy rules. Only legal marriage or civil partnership creates spouse status and inheritance rights. If your unmarried partner dies without a will, you inherit nothing.

Myth: Being separated means your spouse has no inheritance rights

Reality: Legal separation does not end spouse status or inheritance rights. Until you obtain a final divorce decree (decree absolute), your estranged spouse remains your legal spouse with full intestacy rights and the ability to inherit under any will that names them. Even if your will was made before separation, your spouse can still challenge it under the Inheritance (Provision for Family and Dependants) Act 1975. Only divorce ends spouse status.

  • Civil Partner: A separate but equivalent legal status to spouse, created through civil partnership registration under the Civil Partnership Act 2004, with identical inheritance and tax rights.
  • Marriage: The legal ceremony and process that creates spouse status, governed by the Marriage Act 1949 and subsequent legislation.
  • Spouse Exemption: The complete inheritance tax exemption under IHTA 1984 s.18 allowing unlimited tax-free transfers between spouses.
  • Intestacy: The rules that give spouses the strongest automatic inheritance rights when someone dies without a valid will.
  • Statutory Legacy: The fixed £322,000 amount a spouse receives from an intestate estate when the deceased also had children, before the remainder is split.
  • Mirror Wills: Matching wills commonly created by spouses that leave everything to each other on first death, then to agreed beneficiaries on second death.
  • Second Marriage: Creates new spouse status with full legal rights while potentially creating conflicts with children from first marriages.

Need Help with Your Will?

Understanding spouse status is essential for proper will planning. Whether you're protecting your spouse, balancing provisions with children from a first marriage, or updating your will during separation, getting it right matters.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.