What Is Spousal Maintenance and When Is It Awarded?

Spousal maintenance is regular financial support paid by one former spouse or civil partner to the other after divorce or dissolution. It is separate from child maintenance and is awarded where one person cannot meet their reasonable needs from their own income. It is not automatic, the court decides whether to order it, how much should be paid, and for how long.

What is spousal maintenance?

It is an income payment, usually monthly, from the higher earner to the lower earner after a relationship ends. Its purpose is to help the financially weaker partner meet their needs and adjust to independence, particularly where one person gave up or limited their career to care for children or run the home during a longer relationship. It is different from child maintenance, which is calculated separately and is usually dealt with through the Child Maintenance Service.

When is spousal maintenance awarded?

The court weighs the factors set out in section 25 of the Matrimonial Causes Act 1973. These include each person’s income and earning capacity, their financial needs and responsibilities, the standard of living during the marriage, the ages of the parties and the length of the marriage, and the contributions each made, including looking after the home and children. There is no fixed formula, so two cases with similar incomes can produce different outcomes depending on the facts.

How much is paid, and for how long?

The amount is based on the payer’s ability to pay and the recipient’s reasonable needs, assessed realistically rather than by reference to a luxury lifestyle. Maintenance can be ordered for a fixed term, for example, until the youngest child finishes school, or, less commonly now, for the parties’ joint lives. The court has a duty to consider whether a clean break is possible, and in recent years judges have increasingly favoured term orders that help the recipient move towards financial independence rather than open-ended support.

What is a clean break, and what is nominal maintenance?

A clean break means no ongoing maintenance is paid, so the couple’s finances are fully separated. It is often preferred where resources allow. Sometimes the court instead orders “nominal” maintenance, a token amount, such as a small sum per year, which keeps the option open to apply for a real order later if circumstances change. There is also interim maintenance, known as maintenance pending suit, which can be paid while the divorce is ongoing.

Can spousal maintenance be changed or stopped?

Yes. Either party can apply to vary the amount if circumstances change, such as a job loss, retirement or a significant pay rise. Maintenance ends automatically if the recipient remarries, and the payer can ask the court to end or reduce it if the recipient is cohabiting with a new partner. Orders can also be capitalised, meaning future payments are replaced by a single lump sum to achieve a clean break.

Could the rules change?

Possibly. In 2026 the Government is consulting on reform of the law on financial provision on divorce, following a Law Commission review that set out several possible models. Any changes are some way off, and spousal maintenance is one of the areas being considered. For now, the position above continues to apply.

Getting advice

Whether you may need to pay or receive maintenance, early advice helps you understand the likely range of outcomes and avoid agreeing to something unfair. See our financial settlements page for how maintenance fits into an overall settlement, or request a callback to speak with our family law team.