Spousal maintenance orders can be increased, reduced, suspended, or ended entirely if there has been a significant change in either party's financial circumstances.
Yes. Under section 31 of the Matrimonial Causes Act 1973, the court can increase, reduce, suspend, or discharge a spousal maintenance order at any time after it's made, provided there has been a significant change in circumstances since the original order. Either party can apply, whether they are the person paying or the person receiving maintenance.
The court needs more than a minor fluctuation in income. Case law (including the Supreme Court's decision in Birch v Birch) is clear that there must be a genuine, significant change, not just a general sense that things feel different now. Common examples include:
Applications to vary periodical payments (the formal term for spousal maintenance) use a simplified, faster process than a full financial remedy application.
You must usually attend a Mediation Information and Assessment Meeting (MIAM) before applying, unless an exemption applies — the same requirement that applies to a first financial remedy application.
Yes. The court has a duty to consider whether ending ongoing payments in favour of a "clean break" is appropriate whenever it varies a periodical payments order — this includes converting the maintenance into a lump sum, transfer of property, or pension sharing order instead. This is sometimes called "capitalising" the maintenance. It is a significant financial decision with tax implications, and it is worth understanding the trade-offs on both sides before proposing or agreeing to it.
Do not do this. The existing order remains legally enforceable until the court changes it. If you are the paying party and you unilaterally stop or reduce payments, arrears will build up and your ex-spouse can apply to enforce the order against you, which can include recovering the arrears as a debt. If you believe you have grounds to reduce or stop maintenance, you need to make a variation application — stopping payment first and explaining later is not a safe strategy.
The court has wide discretion and must have regard to all the circumstances of the case, giving first consideration to the welfare of any child of the family under 18. It will also reconsider the same factors set out in section 25 of the Matrimonial Causes Act 1973 that applied when the original order was made — each party's income, earning capacity, financial needs, and standard of living during the marriage — but only in light of what has genuinely changed, not as a full re-run of the original case.
Going through a variation application without a solicitor is difficult, especially working out whether your change in circumstances is significant enough to succeed. Access to Justice is a tool built for people in exactly this position — it explains what's happening at each stage and helps you prepare. Try it free.
How much does it cost to apply to vary a spousal maintenance order?
There is a court fee for filing Form A or Form A1, which is reviewed periodically — check the current fee on GOV.UK before applying. You may be able to apply for a fee reduction if you're on a low income.
Can spousal maintenance be varied upwards as well as down?
Yes. Either party can apply, whether they pay or receive maintenance, and the court can increase payments if the receiving party's needs have genuinely increased or the paying party's means have genuinely improved. As with any variation, you need a genuine, significant change in circumstances since the original order, not just a general sense that things feel different now.
Does my ex-partner's new relationship automatically reduce my maintenance?
No. Cohabitation does not automatically end or reduce spousal maintenance. It can be a relevant factor in a variation application, but you still need to apply to the court and show how it has affected the receiving party's financial needs.
What happens to arrears if a variation is granted?
The court has the power to remit (cancel) some or all arrears that have built up, as part of a variation order. This is decided case by case and is not automatic. Until the court changes the order, though, arrears keep accruing and can be enforced against the paying party as a debt, so applying to vary is safer than simply stopping payment.
Do I need a solicitor to apply for a variation?
No, you can apply yourself as a litigant in person using Form A1. The fast-track procedure is designed to be more streamlined than a full financial remedy application, though the legal test for what counts as a "significant change" is still something worth understanding properly before you apply.
Can spousal maintenance last forever?
It depends on the original order. Some orders are "joint lives," continuing until either party dies, the receiving party remarries, or a further court order is made. Others are for a fixed term. Either type can be varied under section 31, and either type ends automatically if the receiving party remarries, without any need to apply to court.
What if my ex-partner refuses to engage with a variation application?
The court process does not require your ex-partner's agreement to proceed — if they don't respond or don't attend, the court can still make a decision based on the evidence before it, though it will usually try to ensure they've had proper notice first.
This article provides legal information about varying spousal maintenance orders in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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