Orders for Spousal Maintenance.
What is Spousal Maintenance?
Spousal maintenance (also known as a periodical payments order) is a financial arrangement made after divorce or separation, where one spouse pays regular income to the other.
It is usually considered where there is a significant difference in income or earning capacity between the parties, and one person cannot meet their reasonable needs without support.
Spousal maintenance cases are uncommon where incomes are of low to medium level, or both parties earn similar amounts to each other.
When is it awarded?
Spousal maintenance is not automatic. It is more likely to be considered where:
- one spouse earns significantly more than the other
- one party has been out of work for a long period (for example, caring for children)
- there is a clear imbalance in financial independence
- one party cannot reasonably meet their housing or living needs
In cases where both parties have similar incomes or modest earnings, spousal maintenance is less common.
Can spousal maintenance be avoided?
Yes. The courts usually prefer a “clean break”, meaning no ongoing financial ties between former spouses.
Instead of maintenance, the lower-earning spouse may receive:
- a larger share of savings or capital
- a greater share of pension assets
- more equity from the family home
For example, if one spouse earns £200,000 per year and the other earns £30,000, the lower earner may receive a larger lump sum to help them rehouse without needing a large mortgage, rather than ongoing maintenance payments.
How long does spousal maintenance last?
The duration of an order can be structured in different ways, depending on the circumstances:
1. Fixed-term maintenance
This is the most common type. Payments are made for a set period to allow the receiving party to:
- find employment
- retrain or upskill
- become financially independent
Courts generally expect both parties to move towards self-sufficiency.
2. Maintenance until a specific event
Payments may continue until a defined “trigger event”, such as:
- remarriage of the receiving party
- cohabitation with a new partner
- children finishing full-time education
This can be similar to a Mesher Order, as detailed in our property disputes page, where maintenance is to be paid until the receiving party remarries or cohabits with a partner, or any children of the marriage leave full-time education.
3. Joint lives maintenance
This means payments continue indefinitely until one party dies or the receiving party remarries.
These orders are now rare, as courts prefer to make a clean break. However, they may still arise in:
- long marriages
- later-life divorces
- situations where pension sharing is not sufficient to meet income needs
What happens if circumstances change?
Orders can usually be varied if circumstances change, for example:
- loss of employment
- increased income
- changes in financial needs
This makes it a flexible, but sometimes uncertain, form of financial support.
Getting advice on spousal maintenance
Spousal maintenance is one of the more complex aspects of financial settlements on divorce. Whether you are seeking maintenance or wish to achieve a clean break, it is important to understand your options.
Our specialist family lawyers can advise you on:
- whether spousal maintenance is likely in your case
- negotiating a fair financial settlement
- drafting or reviewing Consent Orders
Contact us for a free consultation with a specialist family law solicitor
If you would like advice on spousal maintenance or any aspect of divorce finances, please contact our Chambers ranked team leader Jen Law for a free initial consultation.
