What is spousal maintenance?

Spousal maintenance is a payment made by either a husband or wife or civil partner to their former partner when they divorce or dissolve their civil partnership. It is a specific sum of money paid (usually on a monthly basis) for a specified period, and may have agreed in a parenting plan.

Spousal maintenance is different to child maintenance and is not an automatic entitlement: it is awarded based on specific circumstances such as financial disparity or career sacrifices made during the relationship.

One spouse or civil partner may be required to pay spousal maintenance to the other if there is a significant income disparity, and the court considers several factors—including the age and health of a spouse, the length of the marriage, and whether children are present—when determining the amount and duration of spousal maintenance. Spousal maintenance is typically awarded to address significant income disparities and to enable financial independence.

Spousal maintenance can be awarded for either a defined period or, in increasingly rare cases, for joint lives. Longer marriages typically lead to awards of spousal maintenance due to established financial interdependence.

Eligibility and types of spousal maintenance

If you're looking to receive spousal maintenance, you'll need to show that you can't meet your financial needs after your divorce or the end of your civil partnership, whilst your ex has a higher income or more resources. The court will look at whether you're able to financially support yourself, taking into account your own income, what you could potentially earn, and your living costs.

There are several types of spousal maintenance payments that might be ordered for you, depending on your circumstances.

Joint lives maintenance is paid until either you or your ex dies, or until you remarry or enter a new civil partnership. This type of maintenance is becoming increasingly rare these days, as courts now encourage both parties to become self-sufficient where possible.

Term maintenance is paid for a specific period - perhaps until your children finish school or you're able to earn more money yourself.

In some cases, the court may order nominal maintenance , which is a small payment that keeps your right to claim spousal maintenance open in case your circumstances change down the line. This can be really useful if your financial situation is uncertain at the time of your divorce.

How to apply for a spousal maintenance order in the UK

In England and Wales, spousal maintenance occurs when one person in the relationship needs a financial top-up from their ex spouse, so their needs are met. Spousal maintenance can be agreed upon by both parties, but if an agreement cannot be reached, an application for a spousal maintenance order can be made to the court under family law.

In such cases, seeking guidance from a Divorce Specialist is important, as they can provide advice on the process of applying for or negotiating a spousal maintenance order.

We have a post-divorce checklist for admin tasks like this you might have missed.

How is spousal maintenance calculated in the UK?

Spousal maintenance is not calculated using a set formula, unlike child maintenance, which is typically determined by the Child Maintenance Service. Instead, spousal maintenance depends on the specific circumstances of each case.

It is usually awarded when there is insufficient income for one person to meet their reasonable needs even after the financial agreement in the divorce. The amount of spousal maintenance is determined based on the reasonable needs of the recipient and other person’s ability to pay.

The calculation of spousal maintenance involves preparing detailed budgets of monthly expenses and incomes from both parties.

Long-term, the court will expect the receiver of spousal maintenance to re-train and get back into work, and to achieve financial independence if possible.

Maintenance orders and interim maintenance

A maintenance order is what the court decides when they're setting out how much you'll need to pay your ex and how often those payments need to happen. If you and your ex can't come to an agreement about maintenance yourselves, the court will make the decision for you, taking a look at both your financial situations and what each of you actually needs.

While you're going through your divorce, you might find that one of you needs some financial support before everything's properly sorted out. This is called interim maintenance. You and your ex can agree on this between yourselves, or if you can't reach an agreement, the court can step in and make an interim maintenance order to make sure essential things like living costs and utility bills get covered whilst your divorce is still ongoing.

When does spousal maintenance end?

There are three scenarios when spousal maintenance will automatically end:

• On the agreed date formalised through the courts
• If either person dies
• If the receiver of the maintenance remarries or enters into a civil partnership

Cohabitation with a new partner does not automatically end spousal maintenance, but it may justify a review or variation application by the court. When deciding on termination or variation, the court will consider whether the recipient can manage without spousal maintenance to avoid undue hardship. A final order from the court will specify the circumstances under which spousal maintenance is terminated.

What happens if someone stops spousal maintenance payments?

If there is a reason the provider of the spousal maintenance has stopped paying, such as an obvious change in their circumstances like if they have lost their job, then it’s wise to try and resolve things yourself by negotiating a new payment schedule. If there is an existing order for spousal maintenance, the paying person can apply to the court to suspend payments if they lose their job.

If, however, the provider of the spousal maintenance stops all payments without reason and won’t negotiate with you, you can enforce that they pay through the courts if your spousal maintenance was documented in a consent order. The court may hold a court hearing to determine whether payments should be varied or suspended.

A consent order is the document that legalises your agreed financial split and ends any future claims. The spousal arrangement should be included in the consent order to ensure that you’re protected against claims in the future.

Please get in touch with one of our amicable experts for help and advice on spousal maintenance. You can book a free 15-minute call here.

FAQs

Who is entitled to spousal maintenance UK?

Entitlement to spousal maintenance depends on individual circumstances, and there isn't a fixed formula determining eligibility. Spousal maintenance can be used as a solution for financial inequality if one person's needs aren’t met by a traditional division of assets in a divorce or dissolution.

Does spousal maintenance affect universal credit?

Spousal maintenance can affect universal credit, as it's considered as income for the recipient. If you're receiving spousal maintenance, it's likely to be considered when calculating universal credit payments.

How long does spousal maintenance last?

How long spousal maintenance lasts can vary significantly based on individual circumstances. Generally, the length of spousal maintenance depends on the conditions set out in the financial and/or consent order approved by the court. Or it can be decided over a kitchen table agreement.

Is spousal maintenance taxable?

In England and Wales, spousal maintenance received is generally considered taxable income for the recipient. However, we recommend consulting a tax professional for further information.

Which spousal maintenance calculator (UK) should I use?

We recommend the International Family Law Group’s (IFLG) spousal maintenance tool as it’s the most straightforward UK spousal maintenance calculator.

Does spousal maintenance stop if you cohabit?

Typically, if the recipient of spousal maintenance enters a new cohabiting relationship, it might impact the maintenance payments, but it doesn't automatically terminate them and is based on your individual circumstances and agreement.