Divorce is never easy, and questions about money can add to an already difficult time. If you’re wondering whether you might be entitled to spousal maintenance, or whether you could be asked to pay it, this guide explains everything you need to know in plain English.
We cover what spousal maintenance is, how it’s calculated, how long it lasts, and what happens if circumstances change after an order is made.
What is spousal maintenance?
Spousal maintenance is a regular payment, usually made monthly, from one former spouse to the other following divorce or the dissolution of a civil partnership. It’s awarded where one party cannot meet their reasonable financial needs from their own income alone.
In formal legal language, spousal maintenance is referred to as periodical payments, and is provided for under section 23 of the Matrimonial Causes Act 1973. You may also come across the term alimony, which is the American equivalent and is sometimes used informally in the UK, though it has no legal standing here.
Spousal maintenance is entirely separate from child maintenance, which covers financial support for children rather than the lower-earning ex-spouse. We explain the distinction in more detail below.
Spousal maintenance vs child maintenance
It’s easy to confuse the two, but spousal maintenance and child maintenance are entirely different things.
Spousal maintenance supports the lower-earning ex-spouse and is decided by a court (or agreed between the parties). Child maintenance, by contrast, supports the children and is usually calculated through the Child Maintenance Service (CMS) using a statutory formula set by the government. The two are calculated and treated completely separately, and having one does not affect the other.
When is spousal maintenance awarded?
Spousal maintenance isn’t automatic. A court will consider it where there’s a genuine income gap between the parties and the lower-earning spouse genuinely cannot meet their reasonable needs from their own resources.
Common situations include:
- Long marriages where one partner’s earning capacity is significantly lower
- Cases where one spouse gave up a career to raise children or support the household
- Situations involving ill health, disability, or limited future earning potential
Courts generally prefer a clean break (severing all financial ties) where it’s achievable. Where that isn’t possible, maintenance is used to fill the gap between what the receiving party can earn and what they reasonably need. Capital, such as a lump sum from the family home, is usually considered first before maintenance becomes the answer.
Who is entitled to spousal maintenance?
Either spouse can claim spousal maintenance, regardless of gender. It isn’t an automatic right; it’s needs-based.
The court will look at a range of factors to decide whether an award is appropriate, including:
- The length of the marriage
- Each party’s age and health
- Each party’s earning capacity and employment prospects
- The standard of living the couple enjoyed during the marriage
- Any career sacrifices made by either party
The higher the income gap and the more limited the receiving party’s ability to become self-sufficient, the more likely a maintenance order becomes.
How is spousal maintenance calculated?
There is no fixed formula for calculating spousal maintenance in England and Wales, and no official calculator exists. Any online “spousal maintenance calculator” will only give you a very rough indication and is not a substitute for legal advice.
Instead, the court assesses the receiving party’s reasonable monthly needs against the paying party’s ability to pay, guided by the section 25 factors of the Matrimonial Causes Act 1973.
The “one-third rule”
One informal starting point sometimes used by practitioners is the one-third rule. Under this approach, the court considers what one-third of the parties’ combined net income would be. If the receiving party earns less than that amount, the shortfall gives a rough indication of what maintenance might look like. It is a guide only, not a binding rule.
A worked example
Suppose Party A earns £3,500 per month net and Party B earns £1,000 per month net. Their combined income is £4,500, and one-third of that is £1,500. Party B already earns £1,000 per month, suggesting a rough starting point of around £500 per month in maintenance.
The court would then examine Party B’s actual monthly budget (rent, bills, food, transport) alongside Party A’s own expenses and commitments. The final figure could be higher or lower than that starting point. Every case is different.
What factors does the court consider (section 25)?
When deciding whether to make a maintenance order and for how much, the court weighs all the circumstances of the case. Under section 25 of the Matrimonial Causes Act 1973, the key factors are:
- The income, earning capacity, and financial resources of each party, now and in the foreseeable future
- The financial needs, obligations, and responsibilities of each party
- The standard of living the family enjoyed before the marriage broke down
- The age of each party and the length of the marriage
- Any physical or mental disability
- Contributions to the family, including caring for the home and raising children
- Conduct, but only in rare cases where it would be inequitable to disregard it
- Benefits, such as pension rights, that a party will lose as a result of the divorce
These same factors also influence the overall division of assets in a divorce, including property, savings, and pensions.
How long does spousal maintenance last?
The duration of spousal maintenance depends on the circumstances of the case. There are two main types of order:
Term maintenance runs for a fixed period. It might, for example, last until the children finish school, or until the receiving party has had time to retrain and build financial independence.
Joint lives orders continue until one of the parties dies, the receiving party remarries, or a further court order brings them to an end.
The modern judicial trend is strongly in favour of term maintenance over indefinite joint lives orders. Courts look to encourage financial independence where possible and will often set a clear end date, with the expectation that the receiving party works toward self-sufficiency during that time.
What is a clean break and how does it relate to maintenance?
A clean break severs all ongoing financial ties between former spouses. Under a clean break arrangement there are no spousal maintenance payments; instead, the division of capital assets, such as property, savings, and pensions, is designed to leave each party financially independent going forward.
Courts have a statutory duty to consider whether a clean break is appropriate in every case. In some circumstances, maintenance can be capitalised, meaning it’s converted into a larger one-off lump sum payment. This enables a clean break while still reflecting the receiving party’s financial needs.
What is maintenance pending suit?
Maintenance pending suit, sometimes called interim maintenance, is short-term financial support paid by one spouse to the other while divorce and financial proceedings are still ongoing, before a final financial order is reached.
It’s designed to cover reasonable living costs during what can be a lengthy legal process. Maintenance pending suit ends automatically once the final financial order is made.
If you’re worried about managing financially while proceedings continue, our family law team can advise on whether an interim application may be appropriate in your circumstances.
Can spousal maintenance be varied or ended?
Unlike a clean break, a maintenance order isn’t fixed permanently. Either party can apply to the court to vary (increase or reduce), extend, shorten, or end an order if there has been a significant change in circumstances.
Examples of changes that might justify a variation include:
- A significant increase or decrease in either party’s income
- Retirement
- Serious illness
- The receiving party beginning to cohabit with a new partner
- The receiving party remarrying, which usually brings maintenance to an end automatically
Cohabitation does not automatically end a maintenance order. However, the court can take a new partner’s financial contribution into account when deciding whether to vary or discharge the order. The paying party can make an application if they believe the receiving party’s financial position has materially changed.
What happens if spousal maintenance isn’t paid?
If the paying party falls into arrears, there are several enforcement options available through the court, including:
- An attachment of earnings order, which requires the paying party’s employer to deduct payments directly from their wages
- A charging order, which secures the debt against the paying party’s property
- A judgment summons, available in more serious cases of wilful non-payment
It’s important to act promptly rather than allowing arrears to accumulate. Seeking early legal advice gives you the best chance of recovering what you’re owed. You can find general guidance on money and property when a relationship ends on the GOV.UK website.
How Devonalds Solicitors can help
Spousal maintenance can be one of the most complex and emotionally charged aspects of a divorce settlement. Whether you’re concerned about meeting your own financial needs after separation, or you’re worried about the impact a maintenance claim could have on your income, our experienced family law team is here to support you.
We work with clients across South Wales to reach fair, sustainable financial agreements, whether through negotiation, mediation, or court proceedings.
Frequently asked questions about spousal maintenance
Is there a set formula for spousal maintenance?
No. There is no fixed formula or official calculator for spousal maintenance in England and Wales. The court assesses each case individually, weighing the receiving party’s reasonable needs against the paying party’s ability to pay, guided by the section 25 factors of the Matrimonial Causes Act 1973.
How much spousal maintenance will I pay or receive?
The amount depends entirely on your individual circumstances, including both parties’ incomes, reasonable needs, and financial obligations. The informal “one-third rule” can provide a rough starting point, but the actual figure varies widely from case to case. We strongly recommend taking legal advice tailored to your situation.
Does cohabiting with a new partner affect spousal maintenance?
Cohabitation does not automatically end maintenance payments, unlike remarriage, which usually does. However, the court can take a new partner’s financial contribution into account when assessing needs. The paying party can apply to vary or end the order if they believe the receiving party’s financial position has materially improved.
Can spousal maintenance be paid as a lump sum?
Yes. This is sometimes called capitalisation. Rather than making regular monthly payments, maintenance can be converted into a single lump sum. This enables both parties to achieve a clean break and removes the uncertainty of ongoing payments. The approach is becoming increasingly common in financial settlements.
Is spousal maintenance taxable?
In England and Wales, spousal maintenance is generally paid out of the payer’s taxed income and is not taxable as income in the hands of the recipient. It is also not tax-deductible for the payer. Tax rules can be complex, so we’d always recommend taking tailored tax advice on your specific circumstances.
How is spousal maintenance different from child maintenance?
Spousal maintenance supports the lower-earning ex-spouse and is decided by the court or agreed between the parties. Child maintenance supports the children and is usually calculated by the Child Maintenance Service using a statutory formula. The two are entirely separate and are dealt with differently.
Contact our divorce solicitors today
For clear, practical advice on spousal maintenance, visit our financial settlements page or contact our team for a free initial discussion.
Devonalds Solicitors has offices in Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy, and Pontypridd. Call us on 01443 779050 or complete our online contact form to speak with a member of our family law team.