The government have an excellent tool for checking eligibility – this will tell you if you are eligible for both maternity leave and SPL, for both yourself and your partner. This guidance applies to people in England, Wales, Scotland and Norther Ireland. 

 

In order to take SPL you must have an eligible partner (note this is defined as someone who has shared responsibility for the child at birth, be it your husband, partner or former partner – there is no requirement that you are together, simply that you share responsibility for the child[1]) , but it is not a requirement that both of you will actually take leave – SPL can be taken solely by the mother as a means of taking leave in blocks rather than as one continuous period of leave.

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Follow the link here to see what you are eligible for:

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https://www.gov.uk/pay-leave-for-parents

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I am often asked about partners who are self employed – they can not take any SPL themselves, but as long as they are earning and meet the criteria set out in the link above then you can still take SPL.

 

[1] “If you have separated from your partner, you can take SPL/ShPP if you both meet the qualifying conditions and the mother has reduced her maternity leave/pay.” https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/