One of the biggest concerns during divorce is whether spousal maintenance will need to be paid and, if so, how much. 

In England and Wales, there is no fixed formula for calculating spousal maintenance. The court looks at the financial circumstances of both parties and decides what is fair based on the facts of the case. 

At southgate solicitors, our spousal maintenance solicitors regularly advise clients on maintenance payments, financial settlements, and divorce finances. 

What Is Spousal Maintenance? 

Spousal maintenance is ongoing financial support paid by one spouse to the other after separation or divorce. 

It is usually considered where: 

• One person earns significantly more than the other 

• One spouse cannot currently support themselves financially 

• One person has caring responsibilities for children 

• There is a difference in earning capacity 

The purpose is to help the financially weaker party meet reasonable living expenses after divorce. 

If you are also dealing with wider financial issues, read our guide on Is Everything Really Split 50/50 in Divorce in the UK? 

How Does the Court Decide Spousal Maintenance? 

The court considers several factors, including: 

• Income and earning capacity of both parties 

• Financial needs and responsibilities 

• Standard of living during the marriage 

• Length of the marriage 

• Age and health of both parties 

• Childcare responsibilities 

• Other available assets and savings 

There is no automatic rule that maintenance must always be paid. 

Our financial settlement solicitors can help assess your financial situation and explain your options. 

How Long Does Spousal Maintenance Last? 

This depends on the circumstances of the case. 

Maintenance may be: 

• Short-term support for a few years 

• Paid until one person becomes financially independent 

• Paid until remarriage 

• Ordered for a longer period in some cases 

The court generally encourages financial independence wherever possible. 

Can Maintenance Be Changed Later? 

Yes. 

In some situations, maintenance payments can later be increased, reduced, or stopped if circumstances change significantly. 

For example: 

• Loss of employment 

• Serious illness 

• Increase in income 

• Retirement 

• Remarriage of the receiving party 

If you are concerned about future financial obligations, our divorce solicitors in London can advise you further. 

Is Spousal Maintenance Different From Child Maintenance? 

Yes. 

Spousal maintenance supports a former spouse, while child maintenance is intended for the financial support of children. 

The two are treated separately. 

If children are involved, you may also find our article on Shared Care and the Best Interests of the Child useful. 

Our child arrangement solicitors can also assist with parenting and child-related disputes. 

Can Couples Agree Maintenance Between Themselves? 

Yes. 

Many couples agree maintenance arrangements through negotiation rather than court proceedings. However, it is important to record the agreement properly within a legally binding Consent Order. 

You can also read our guide on How to Reach a Financial Settlement During Divorce Without Going to Court 

Our Consent Order solicitors can help formalise your agreement. 

What Is a Clean Break Order? 

In some divorces, the court may decide that ongoing maintenance is not appropriate and instead approve a Clean Break Order. 

This ends future financial claims between both parties. 

You may also want to read our article on Can My Ex Claim My Pension After Divorce? to understand how pensions and long-term finances are treated during divorce. 

Why Legal Advice Is Important 

Spousal maintenance can have a long-term impact on your financial future. Getting legal advice early can help you understand your rights, responsibilities, and possible outcomes. 

At southgate solicitors, we advise clients across England and Wales on divorce, financial settlements, spousal maintenance, and wider family law matters.