What is Spousal Maintenance?
Spousal maintenance is a type of financial support that one ex-spouse may be required to pay to the other after a divorce or dissolution of a civil partnership. Its main purpose is to help the lower-earning or financially weaker partner maintain a reasonable standard of living, especially if there is a significant difference in income or earning potential between the two parties. Unlike a one-off payment, spousal maintenance is usually paid on a regular basis – monthly, for example – until a specific date or event, such as the recipient remarrying or becoming financially independent.
It’s important to understand that spousal maintenance is different from child maintenance. While spousal maintenance is intended for the support of an ex-partner, child maintenance is money paid to help with the everyday living costs of children whose parents have separated. The legal framework for child maintenance is set out in the Child Maintenance and Other Payments Act 2008, which covers how payments are calculated and enforced. Spousal maintenance, on the other hand, is not automatic and depends on the individual circumstances of each case.
Spousal maintenance is just one part of the wider picture when it comes to dividing finances after a divorce. It fits into the overall financial settlements during divorce, which can also include the division of property, savings, pensions, and other assets. When deciding whether spousal maintenance should be paid – and if so, how much and for how long – the court will consider several factors, such as the length of the marriage, the age and health of both parties, their earning capacities, and their financial needs and responsibilities.
For example, if one spouse gave up work to care for children or support the other’s career, the court may decide that ongoing financial support is fair. In some cases, spousal maintenance may be set for a fixed period to allow the recipient time to retrain or find employment. In others, it could be paid for life, although this is less common today.
If you are going through a divorce, it’s essential to get a clear picture of all your financial options, including whether spousal maintenance might apply in your situation. Understanding how it works alongside other forms of support, such as child maintenance, will help you make informed decisions about your future.
Who Can Apply for Spousal Maintenance?
Anyone who is or was married, or in a civil partnership, can apply for spousal maintenance if they cannot adequately support themselves financially after separation or divorce. In the UK, there is no automatic entitlement to spousal maintenance – each case is assessed individually based on the circumstances of both parties.
Eligibility Criteria
To be eligible to apply, you must be a spouse or civil partner seeking financial support from your former partner. Spousal maintenance is considered when there is a significant difference in income or earning capacity between the two parties, and one person is unable to meet their reasonable needs without assistance. This applies whether you are currently going through a divorce, have already divorced, or are dissolving a civil partnership.
The legal foundation for spousal maintenance is set out in the Matrimonial Causes Act 1973, which gives the court the power to order one party to make regular payments to the other.
What Do Courts Consider?
When deciding whether to award spousal maintenance, the court will look at several factors, including:
Income and Earning Capacity: The current and future income of both parties, including potential earning ability.
Financial Needs and Obligations: The reasonable financial needs of each person, which can include housing, childcare, and living expenses.
Standard of Living: The standard of living enjoyed during the marriage or civil partnership.
Age and Health: The age and health of both parties, which may affect their ability to work or earn.
Length of Marriage or Civil Partnership: Longer relationships may result in a greater likelihood of maintenance being awarded, especially if one party sacrificed career opportunities to support the family.
Contributions to the Family: This includes both financial contributions and non-financial ones, such as caring for children or running the home.
The court’s primary aim is to ensure that neither party faces undue financial hardship as a result of the separation.
Temporary vs. Long-Term Maintenance
Depending on the situation, the court may order:
Interim (Temporary) Maintenance: Payments made while the divorce or dissolution is ongoing, to provide immediate support until a final settlement is reached.
Long-Term (Periodical) Maintenance: Regular payments made for a set period or, in rare cases, for life. Long-term maintenance is more likely if one party cannot become financially independent due to age, health, or responsibilities such as caring for children.
In some cases, the court may decide that a “clean break” is possible, meaning no ongoing maintenance is necessary because both parties can be financially independent.
Proving Financial Need and Ability to Pay
To succeed in a spousal maintenance application, the person applying must clearly demonstrate their financial need. This includes providing evidence of income, outgoings, assets, and any other resources. Similarly, the person being asked to pay will need to show their own financial circumstances to help the court decide what is fair and affordable.
If you are considering applying for spousal maintenance, it is important to gather detailed information about your finances and those of your former partner. The court will use this information to ensure the maintenance order is reasonable and sustainable for both parties.
For more details on the legal framework and how eligibility is determined, you can refer directly to the Matrimonial Causes Act 1973. To understand more about how courts assess financial needs in spousal maintenance cases, you may find it helpful to read further guidance and common questions.
How is Spousal Maintenance Calculated?
When it comes to spousal maintenance, there is no set formula for calculating the amount or duration of payments in the UK. Instead, the court takes a holistic approach, considering a wide range of factors to reach a fair outcome for both parties. This approach is set out in Matrimonial Causes Act 1973, Section 25, which guides judges on what to take into account during financial proceedings after divorce.
Key Factors Considered by the Court
Some of the main factors the court will look at include:
Income and Earning Capacity: The current and future earning potential of both spouses, including any income from employment, investments, or other sources.
Financial Needs and Obligations: The reasonable needs of each person, such as housing, bills, and general living expenses.
Standard of Living: The lifestyle enjoyed by the couple during the marriage can influence the level of maintenance awarded.
Age and Health: The age and health of both parties may affect their ability to work or support themselves.
Length of the Marriage: Longer marriages often lead to more substantial or longer-lasting maintenance awards.
Contributions to the Family: This includes both financial contributions and non-financial ones, such as caring for children or running the household.
For a detailed breakdown of these considerations, you can review Matrimonial Causes Act 1973, Section 25.
The Family Justice Council also provides helpful guidance on how financial needs are assessed in family law cases. Their advice is widely recognised by legal professionals and can give you a better understanding of what to expect if you are negotiating or disputing spousal maintenance.
How Long Does Spousal Maintenance Last?
The court can order spousal maintenance for a fixed period or, in rare cases, for life. The duration often depends on how long it is likely to take for the receiving spouse to become financially independent. For example, if one spouse needs time to retrain or find employment, maintenance might be awarded for a set number of years.
Can Maintenance Be Changed Later?
Yes, spousal maintenance orders can be reviewed and varied if circumstances change. Common reasons for a review include a significant change in income, the receiving spouse remarrying, or substantial changes in living arrangements. If you or your ex-partner experience a change in financial circumstances, it’s important to seek advice about whether your maintenance arrangement should be updated.
Agreeing Maintenance Without Going to Court
Many couples are able to reach an agreement about spousal maintenance without needing a judge to decide. This can be done through direct discussion, or with the help of professionals such as solicitors or mediators. Negotiation and mediation can offer a less stressful and more flexible way to settle maintenance arrangements, often resulting in solutions that work better for both parties. If you can agree, your arrangement can be made legally binding by submitting it to the court in a consent order.
Practical Advice
Gather Financial Information: Be prepared to share full details of your income, assets, and outgoings.
Think About Future Changes: Consider how things like career moves, new relationships, or health issues might affect your needs.
Seek Professional Guidance: Legal or financial advice can help you understand your rights and obligations before making decisions.
Understanding how spousal maintenance is calculated can help you make informed choices and reach fair agreements. For more in-depth legal background, refer to Matrimonial Causes Act 1973, Section 25 and the Family Justice Council guidance. If you are considering an agreement outside of court, learning more about negotiation and mediation can be a helpful first step.
Types of Financial Orders Related to Spousal Maintenance
When a couple divorces in the UK, the court can make a range of financial orders to help resolve their financial affairs. These orders are designed to ensure that both parties can move forward with financial certainty, whether that involves ongoing support, a one-off payment, or the division of assets. Spousal maintenance is just one type of financial order available. Understanding how it fits alongside other options can help you decide what arrangement best meets your needs.
Below is an overview of the main types of financial orders related to spousal maintenance, with links to more detailed guidance on each topic.
Spousal Maintenance Orders
A spousal maintenance order requires one ex-partner to make regular payments to the other after divorce. This is usually considered when there is a significant difference in earning capacity or financial needs between the parties. Maintenance can be set for a fixed period or, in rare cases, for life. The courts consider factors such as age, length of marriage, and each person’s financial situation, as set out in the Matrimonial Causes Act 1973.
For a comprehensive overview of how spousal maintenance works, including common questions and practical examples, see Financial Orders.
Clean Break Orders
A clean break order is designed to end all financial ties between ex-partners as soon as possible after divorce. This means that neither party can make further financial claims against the other in the future. Clean break orders are often preferred where both parties are financially independent or where a lump sum or asset transfer can provide a fair settlement without the need for ongoing payments.
Lump-Sum Orders
With a lump-sum order, one party is required to pay a fixed amount of money to the other, either as a single payment or in instalments. This can be used to help a spouse set up a new home, pay off debts, or otherwise adjust to life after separation. Lump-sum orders can be combined with other types of financial orders, including spousal maintenance, depending on the circumstances.
Pension Sharing Orders
Pension sharing orders allow pensions built up during the marriage to be divided between the parties. This is particularly important for long marriages where one spouse may have sacrificed pension contributions to care for children or support the household. Pension sharing ensures that both parties have some financial security in retirement and can be made alongside or instead of maintenance.
Property Adjustment Orders
Property adjustment orders allow the court to transfer, sell, or otherwise deal with property such as the family home. These orders can provide a clean break or work in tandem with maintenance arrangements, for example by allowing one spouse to remain in the home until children reach a certain age.
Child Maintenance
While not strictly a spousal maintenance issue, child maintenance is another key part of financial arrangements after separation. The Child Maintenance Service helps ensure that children are financially supported by both parents, regardless of where they live. Child maintenance is separate from spousal maintenance, but both may be considered when the court looks at the overall financial picture.
Spousal maintenance is just one option within the broader range of financial orders in divorce. The right combination of orders will depend on your personal circumstances, your financial needs, and your future plans. For authoritative information, you can also refer to the full text of the Matrimonial Causes Act 1973, which sets out the legal framework for these orders.
If you are unsure which type of order is appropriate for your situation, seeking legal advice can help you make informed decisions and secure your financial future.
Clean Break Orders
A clean break order is a type of financial settlement made during divorce or the dissolution of a civil partnership. Its main purpose is to end all financial ties between the former spouses, allowing each person to move on independently without any ongoing financial obligations to one another. Once a clean break order is in place, neither party can make further financial claims against the other in the future, whether for income, property, or pensions.
How Clean Break Orders Differ from Spousal Maintenance
The key difference between clean break orders and spousal maintenance is that a clean break brings financial matters to a complete and final close. With spousal maintenance, one partner continues to make regular payments to the other after divorce, often for a set period or, in some cases, for life. In contrast, a clean break order ensures that, once the settlement is made, there are no further financial responsibilities between the former spouses.
When Might a Clean Break Order Be Suitable?
Clean break orders are most suitable when both parties can become financially independent after the divorce. This is often possible when:
Both individuals have similar earning capacities or resources.
There are no children or the children are grown and financially independent.
The court is satisfied that neither party will be left at a significant disadvantage.
A clean break can be achieved through a lump sum payment, a property transfer, or a combination of both, ensuring that all claims for maintenance, property, or pensions are settled at the time of divorce. For more detailed information about the process and requirements, visit our dedicated page on clean break orders.
Pros and Cons of Clean Break Orders
Advantages:
Finality: Removes the risk of future financial claims, giving both parties certainty and peace of mind.
Simplicity: Avoids the need for ongoing contact and financial arrangements between ex-partners.
Financial Independence: Encourages both individuals to become self-sufficient.
Disadvantages:
Irrevocability: Once agreed, a clean break order cannot be changed, even if circumstances change significantly (for example, if one party loses their job or falls ill).
Not Always Appropriate: If one party is unable to support themselves, ongoing maintenance might be more suitable.
It’s important to weigh these factors carefully before deciding. You can read more about the differences and considerations in the article Financial Settlement on Divorce: Clean Break or Spousal Maintenance?, which offers practical guidance on choosing the right option for your situation.
Legal Framework
Clean break orders are governed by the Family Law Act 1996, Section 25, which guides the courts in deciding how to divide assets and whether a clean break is appropriate. The law requires the court to consider all the circumstances of the case, including the needs, resources, and future earning potential of both parties.
If you are considering a clean break order, it is strongly recommended to seek legal advice to ensure your interests are protected and all future claims are properly addressed.
Lump-Sum Orders
Lump-Sum Orders
A lump-sum order is a type of financial settlement made as a single payment from one spouse to the other, usually as part of the divorce process. Unlike regular spousal maintenance, which involves ongoing monthly payments, a lump-sum order is a one-off payment intended to help the receiving spouse meet their immediate or future financial needs.
Lump-sum payments can be used in different ways. In some cases, they are awarded instead of ongoing maintenance, providing a clean break between the parties. In other situations, a lump-sum order may supplement regular maintenance payments, for example, to cover specific expenses such as paying off debts or helping with the costs of rehousing.
Courts often consider lump-sum orders where a clean break is possible or desirable. For example, if both parties wish to end their financial ties, or if there is a significant asset (like a house or savings) that can be divided, a lump-sum payment can help achieve this. Lump-sum orders are also common where there are particular financial needs – such as helping with a child’s education costs or settling outstanding joint debts.
There are several advantages to lump-sum orders. They can provide certainty and finality, allowing both parties to move on without the need for ongoing financial contact. This can reduce the risk of future disputes and the emotional strain of continued financial dependency. For the paying party, it means knowing exactly what is owed, without the risk of future claims for increased maintenance.
However, lump-sum orders also have some disadvantages. The receiving spouse may need to budget carefully, as there will be no further payments once the lump sum is received. If circumstances change – such as a loss of income or unexpected expenses – it may not be possible to return to court for more support. For the paying spouse, coming up with a large sum at once can be challenging, especially if assets are not easily accessible.
The legal basis for lump-sum orders is set out in the Family Law Act 1996, Section 23, which gives courts the power to order one party to pay a lump sum to the other as part of divorce or separation proceedings.
If you’d like to learn more about how these payments work, the circumstances in which they are awarded, and what factors the court considers, see our detailed guide on lump-sum orders.
Pension Sharing Orders
Pension Sharing Orders
Pension sharing orders are a legal mechanism that allows pension assets to be divided fairly between spouses as part of a divorce or the dissolution of a civil partnership. Unlike other financial arrangements, such as lump sum payments or ongoing spousal maintenance, a pension sharing order specifically addresses the division of retirement savings, ensuring that both parties have financial security in later life.
How Pension Sharing Orders Work
When a couple divorces, their pension pots are considered part of the total matrimonial assets. A pension sharing order instructs the pension provider to transfer a specified percentage of one spouse’s pension to the other. This creates a separate pension fund for the receiving party, giving them independent control over their share. The exact process and rules can vary depending on the type of pension scheme involved, but the goal is to achieve a clean break wherever possible.
For a more detailed explanation of how these orders are structured and implemented, see our dedicated section on pension sharing orders. You may also find the external article, “Pension sharing: what is it and how does it work?”, helpful for an in-depth look at the practicalities and examples of pension sharing in action.
Impact on Long-Term Financial Security
Pensions are often one of the most valuable assets in a marriage, sometimes even more significant than the family home. A fair division of pension assets can be crucial for both parties’ long-term financial wellbeing, especially if one spouse has been out of the workforce or has lower pension savings due to caring responsibilities. By creating a separate pension for the receiving spouse, a pension sharing order helps ensure both individuals can plan for a secure retirement.
Relation to Spousal Maintenance and Financial Settlements
Pension sharing orders are considered as part of the overall financial settlement during divorce proceedings. While spousal maintenance provides ongoing financial support, pension sharing is a one-off arrangement aimed at dividing future retirement income. In many cases, the court will look at the total financial picture, including property, savings, income, and pensions, to reach a fair outcome. Sometimes, a pension sharing order can reduce or even remove the need for long-term spousal maintenance, as it gives both parties more financial independence.
The legal framework for making pension sharing orders is set out in the Family Law Act 1996, Section 25, which guides the courts in considering all relevant circumstances, including the parties’ ages, the duration of the marriage, and each person’s financial needs and resources.
When Are Pension Sharing Orders Applied?
Pension sharing orders are typically applied during the financial settlement process in divorce or civil partnership dissolution. They are most common when one spouse has built up a much larger pension than the other, and a fair division cannot be achieved through other means. The court can make a pension sharing order either by agreement between the parties or as part of a contested financial remedy application.
If you are considering divorce or separation, it is important to understand your rights regarding pension assets. Professional advice can help you explore whether a pension sharing order is appropriate for your situation and how it might affect your future financial security. For further guidance, see our section on pension sharing orders.
Property Adjustment Orders
Property Adjustment Orders
Property adjustment orders are legal orders made by a court during divorce or dissolution proceedings. Their main purpose is to change the ownership or rights to property between separating spouses or civil partners, ensuring a fair division of assets. These orders can cover a range of assets, including the family home, investment properties, or even shares and other valuable possessions.
What Do Property Adjustment Orders Do?
A property adjustment order can:
Transfer property from one spouse to another (for example, transferring the family home into the sole name of one party)
Order the sale of a property and dictate how the proceeds are to be divided
Adjust the shares each party holds in a jointly owned property
Grant one spouse the right to occupy a property for a set period
The court’s power to make these orders is set out in Matrimonial Causes Act 1973, Section 24, which details how and when such adjustments can be made. The court will look at each party’s needs, financial resources, and the welfare of any children when deciding whether to make a property adjustment order.
For a more in-depth explanation of how these orders work and the legal process involved, you can read the dedicated guide on property adjustment orders.
Property Adjustment Orders and Spousal Maintenance
Property adjustment orders often work alongside spousal maintenance as part of a broader financial settlement in divorce. While spousal maintenance deals with ongoing financial support, property adjustment orders focus on the division or transfer of assets. In some cases, a court might adjust property rights to reduce or eliminate the need for ongoing maintenance payments. For example, one spouse might receive a larger share of the family home instead of regular maintenance payments.
If you’d like to understand how property division and ongoing support are balanced in settlements, the article on Financial Settlements offers useful insights.
Examples of Property Adjustment in Divorce
Here are some typical scenarios where a property adjustment order might be used:
Transfer of the family home: One spouse is awarded the family home to provide stability for the children, with the other spouse receiving a different asset or a cash payment to balance the settlement.
Sale and division of proceeds: The court orders the sale of a jointly owned property, with the sale proceeds split according to what the court considers fair, taking into account both parties’ needs.
Deferred sale (Mesher order): The family home remains in joint names, but one spouse and the children continue living there until a specific event occurs (such as the youngest child turning 18), at which point the property is sold and the proceeds divided.
For a comprehensive overview of how these orders are used in practice, the Matrimonial proceedings: property adjustment orders guide provides authoritative information.
Further Guidance
Property adjustment orders are a key part of financial settlements on divorce, ensuring that both parties have clarity and fairness regarding their property and assets. If you want to explore your options or understand the process in more detail, our page on property adjustment orders will guide you through the specifics and help you make informed decisions.
