What is spousal maintenance and when does it end?

Spousal maintenance is a regular payment made by one former spouse to the other following a divorce. It is designed to support a spouse who cannot immediately meet their own financial needs from their own resources after the marriage ends. It is different from child maintenance and it only arises on divorce or dissolution of a civil partnership, not from cohabitation alone. Not every financial settlement includes spousal maintenance. Whether it applies and for how long depends on the specific circumstances of the case.

When is spousal maintenance ordered?

Courts consider spousal maintenance under the Matrimonial Causes Act 1973 as part of the broader financial remedy process. It is most commonly ordered where:

1. There is a significant and lasting disparity in income and earning capacity between the parties that cannot be resolved immediately through a division of capital.
2. One party has been out of work or working part-time for a significant period, often due to childcare responsibilities, and cannot immediately support themselves at an adequate level.
3. The marriage was long and one party's financial independence was substantially reduced by their role within it.

Spousal maintenance is less likely in shorter marriages, where both parties have similar earning capacity, or where a clean break on income as well as capital is achievable.

How is the amount calculated?

There is no fixed formula. Courts assess the needs of the receiving party against the ability of the paying party to meet those needs, taking into account all the relevant circumstances under section 25 of the Matrimonial Causes Act 1973. In practice this involves looking at:

1. The reasonable monthly expenditure of the receiving party, including housing, food, transport, and other costs.
2. The net income available to each party after tax.
3. Any childcare costs affecting the receiving party's ability to work.
4. The realistic earning potential of the receiving party and what steps they could reasonably take to increase their income over time.

Courts look for a figure that meets the receiving party's reasonable needs without being more than the paying party can afford. There is no expectation of maintaining the standard of living enjoyed during the marriage where the available resources don't allow for it.

How long does spousal maintenance last?

Maintenance can be ordered for a fixed term or, in more limited circumstances, on a joint lives basis.

1. A term order runs for a fixed number of years, after which it ends unless an application is made to extend it before it expires. Courts have increasingly favoured term orders over joint lives orders, encouraging financial independence over time rather than ongoing dependency.
2. A joint lives order continues until the death of either party, the remarriage of the receiving party, or a further court order. Joint lives orders are now relatively uncommon and are generally reserved for cases where long-term dependency is genuinely unavoidable.
3. A nominal order is a maintenance order set at a nominal amount, such as £1 per year, which keeps the court's jurisdiction alive without requiring significant payments. It can be increased later if circumstances change.

Can spousal maintenance be varied?

Yes. Either party can apply to vary a maintenance order if there has been a significant change in circumstances since it was made. Common reasons for variation include a change in either party's income, the receiving party beginning to cohabit with a new partner, a change in childcare arrangements, or the paying party losing their job.

Courts consider variation applications on their merits. An increase in the paying party's income does not automatically lead to increased maintenance. A decrease does not automatically reduce it.

When does spousal maintenance end automatically?

Spousal maintenance ends automatically on:

1. The death of either party.
2. The remarriage of the receiving party. Remarriage ends the entitlement to maintenance automatically from the date of remarriage. Cohabitation with a new partner does not automatically end maintenance, but it is a factor the court can consider on a variation application.
3. The expiry of a fixed term order.

If the order contains a clean break provision preventing any further application to extend maintenance, the entitlement ends at the expiry of the term absolutely.

What is the difference between spousal maintenance and child maintenance?

Spousal maintenance is paid to the former spouse and is based on their financial needs. Child maintenance is paid toward the costs of raising a child and is generally calculated through the Child Maintenance Service using a formula based on income. The two are separate and independent of each other. A clean break on spousal maintenance has no effect on child maintenance obligations.

Going through financial proceedings without a solicitor is difficult, particularly navigating the question of whether spousal maintenance applies and on what terms. Access to Justice is built for people in exactly this position, it explains the financial remedy process and helps you understand what the court is likely to consider in your situation. Try it free.

Frequently asked questions

Does cohabiting with a new partner end my maintenance?

Cohabitation does not automatically end a spousal maintenance order, unlike remarriage. However, the paying party can apply to vary or terminate the order on the basis that the receiving party is now being financially supported by a new partner. The court considers the nature and financial impact of the cohabitation when deciding whether variation is justified.

Can I claim spousal maintenance if we were not married?

No. Spousal maintenance only arises on divorce or dissolution of a civil partnership. Unmarried cohabitants do not have a legal entitlement to maintenance from a former partner, regardless of how long they lived together. This is a significant legal difference between married and unmarried couples.

What happens if the paying party stops paying maintenance?

If maintenance payments are missed, the receiving party can apply to the court for enforcement. Options include an attachment of earnings order, which deducts payments directly from the paying party's wages, or a charging order over property. Persistent non-payment can also result in committal proceedings.

Can both parties agree to end maintenance early?

Yes. If both parties agree, the maintenance arrangement can be ended early by consent, recorded in a variation order approved by the court. This is often part of a broader financial clean break, where the receiving party receives a capital sum in return for agreeing to end the maintenance entitlement.

Does spousal maintenance affect benefits?

Yes, maintenance payments received are treated as income for the purposes of means-tested benefits. This can affect entitlement to Universal Credit and other income-related benefits. If you are in receipt of benefits, it is worth checking the implications before agreeing a maintenance figure.

Is spousal maintenance taxable?

Spousal maintenance payments are generally not taxable in the hands of the recipient and are not tax-deductible for the payer under current UK tax rules. Court-ordered maintenance paid under a deed of separation may be treated differently. If the amounts are significant, checking the tax position before finalising an arrangement is worthwhile.

This article provides legal information about the financial remedy process in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.