Spousal maintenance is a form of financial support that one spouse may be legally required to pay to the other after a divorce or the dissolution of a civil partnership. It is designed to bridge the financial gap between ex-spouses — particularly where there’s a clear disparity in income or future earning potential.

In England and Wales, spousal maintenance is not automatic and depends on a range of factors set out in law. This guide explains when maintenance may apply, how it is assessed, the different types, and what happens if it needs to be changed or is not paid.

When Is Spousal Maintenance Awarded?

Spousal maintenance is typically considered where one spouse cannot meet their reasonable needs without financial support from the other.

You may be entitled to spousal maintenance if:

• You gave up work or career opportunities to care for children or support your spouse’s career

• There is a significant income imbalance between you and your ex-spouse

• You are unable to become financially independent immediately due to age, health, or lack of employment history

• Without support, you would suffer financial hardship

If both parties are financially self-sufficient or have similar earning potential, maintenance is unlikely.

How Is Spousal Maintenance Calculated?

There is no fixed formula for calculating spousal maintenance in the UK. Instead, courts use their discretion guided by Section 25 of the Matrimonial Causes Act 1973.

Key factors include:

1. Financial needs, income, and resources
   The court considers each party’s current and future financial position, including income, property, and earning potential.

2. Standard of living during the marriage
   While an identical standard of living may not be realistic post-divorce, the court aims for fairness.

3. Length of the marriage
   Longer marriages are more likely to result in a maintenance award, particularly where one spouse was financially dependent.

4. Age and health
   Ageing or ill-health can affect a spouse’s ability to work or retrain.

5. Contributions to the family
   This includes non-financial contributions such as child-rearing and homemaking.

6. Earning capacity and future prospects
   Maintenance may be time-limited if the receiving party can retrain or return to work.

Types of Spousal Maintenance

There are several different types of maintenance orders that a court can issue:

1. Periodical Payments

Regular monthly payments for a fixed period or indefinitely.

2. Secured Periodical Payments

Payments backed by a security (e.g. property or savings), used in rare cases to guarantee support.

3. Lump Sum Maintenance

A one-off payment, often used to achieve a clean break.

4. Nominal Maintenance

A symbolic order (e.g., £1 per year) which keeps the door open for future claims — often used when children are young or when financial need may arise later.

How Long Does Spousal Maintenance Last?

Spousal maintenance can be:

• Fixed-term: Ends after a set period (e.g., when the receiving spouse is expected to become self-sufficient)

• Indefinite: No end date, though it can be reviewed or stopped if circumstances change

• Clean break: No maintenance at all — preferred where financial independence is possible

Note:

Lifetime maintenance orders are becoming less common, especially following cases like Mills v Mills [2018], where the courts emphasised self-sufficiency and responsibility for personal finances.

Can Spousal Maintenance Be Changed?

Yes — either spouse can apply to vary or terminate maintenance if there’s a change in circumstances.

Examples include:

• The paying party loses their job or income drops

• The receiving party remarries or becomes financially independent

• Either party retires, falls ill, or experiences a significant life change

The court can reduce, increase, extend, or end the maintenance based on fairness.

What If Maintenance Isn’t Paid?

If your ex-spouse fails to pay court-ordered maintenance, you can enforce the order by:

• Applying for an attachment of earnings order (money is deducted from wages)

• Requesting a charging order against property or assets

• Applying for seizure of goods or funds

Legal advice should be sought early to ensure enforcement is timely and effective.

Conclusion

Spousal maintenance remains an important legal tool to ensure fairness and financial stability post-divorce. However, it is only awarded where appropriate and is subject to ongoing review. The courts aim to encourage financial independence where possible, while also protecting those who may not be able to support themselves immediately.