Spousal maintenance: What it is and why it’s important

Kaleel Anwar (partner) and Shabnam Parwez (solicitor) in our Family Law team have written the below guide to help you understand more about spousal maintenance, also known as periodical payments.

Simply put, spousal maintenance (also known as a “periodical payments” order) is a type of family court order in relation to divorce which requires regular financial payments to be paid by one spouse to the other. Typically, such payments are ordered to be made on a monthly basis.

Spousal maintenance is separate and distinct from a one-off capital payment or types of financial order on divorce. The purpose of spousal maintenance is to provide ongoing financial support to a spouse who, as a result of the marriage and the choices made during it, has a continuing need that they cannot meet from their own financial resources.

When will an order for spousal maintenance be made?

In terms of the circumstances in which the family court will order spousal maintenance, the court will first consider all the circumstances of the case, and the relevant principles which have been developed through case law over many years. A spousal maintenance order will typically be made where the evidence shows that choices made during the marriage have generated ‘hard’ future needs for the person seeking the maintenance order.

In plainer terms, this means that if you gave up a career to raise children or to support your spouse’s working life, and as a result you now have reduced earning capacity or financial dependency, the court would likely consider some form of maintenance order to be appropriate (provided of course that the other party has the resources available to pay it).

How is the amount of spousal maintenance calculated?

The calculation of spousal maintenance is not governed by a fixed formula in the way that child maintenance is.

Instead, the court carries out a broad assessment of the financial circumstances of both parties. The court will, amongst other things, look at:

• each party’s income, earning capacity, financial needs, obligations, and responsibilities,
• the standard of living enjoyed during the marriage,
• the age of each party,
• the length of the marriage,
• any physical or mental disability, and
• the contributions each party has made to the welfare of the family.

The objective is to arrive at a figure that meets the reasonable needs of the recipient spouse to the extent that the paying spouse can afford, taking into account their own reasonable needs. Again, there is no precise mathematical calculation, and the court exercises a broad discretion informed by all of these factors.

How long does a spousal maintenance order last?

The duration of a spousal maintenance order is also a matter for the court’s discretion, guided by the principle that the court should seek to achieve a financial clean break between the parties wherever it is just and reasonable to do so.

The Matrimonial Causes Act 1973 (the main statute governing financial matters on divorce) requires the court to consider whether it would be appropriate to limit the duration of any maintenance order so as to enable the party receiving maintenance to adjust without “undue hardship”.

In practice, this means the court may make a “joint lives” order, which continues until either party dies or the recipient remarries, or it may make a term order, which runs for a fixed period. Generally speaking, “joint lives” orders are rarer than they once were. An order for a fixed period is more likely where the court considers that the recipient will, within a certain period of time, be able to achieve financial independence. For example, once the children are in full-time education and the recipient is able to return to work or increase their working hours.

This brings us to what is known as a “section 28(1A) bar”, which is an important feature of the Matrimonial Causes Act 1973 to direct that the recipient shall not be entitled to apply to the court for an extension of that term.

The effect of a “section 28(1A) bar” is to bring finality to the maintenance order at the end of the specified term, preventing the recipient from returning to court to seek a longer period of support. A section 28(1A) bar will be appropriate where the court is satisfied that the recipient will have had sufficient time and opportunity to achieve financial independence by the end of the term. It is significant because it closes the door on future claims for maintenance once the term expires. Whether such a bar is appropriate in your case will depend on your individual circumstances, including your age, health, earning capacity, and the length of the marriage.

It is also important to understand that if the receiving party remarries, the spousal maintenance order will automatically come to an end.

Can maintenance be paid during the divorce?

In addition to spousal maintenance being ordered as part of a final financial settlement, it is also possible for the court to order maintenance on an interim basis, during the divorce. This is known as “maintenance pending suit.” Maintenance pending suit is designed to provide immediate financial support to a spouse who is in financial difficulty during the period between the commencement of divorce proceedings and the final resolution of financial matters. The court has the power to make such an order under a separate section of the Matrimonial Causes Act 1973. Maintenance pending suit will generally be more limited, and relate to a person’s “immediate” needs only.

The purpose of maintenance pending suit is to ensure that the financially weaker spouse has sufficient resources to meet their income needs during the interim period. This might include covering essential living expenses, or housing costs. The court will consider the immediate financial needs of the applicant and the ability of the other party to pay. Unlike final spousal maintenance orders, maintenance pending suit is not concerned with long-term financial planning or achieving a clean break, but instead is purely focused on addressing short-term financial needs.

The process for applying for maintenance pending suit involves submitting an application to the court, supported by a detailed interim budget. The court will then consider the application, typically at a relatively short hearing, and decide whether to make an order.

The amount and duration of maintenance pending suit will depend on the specific circumstances of the case, but the order will typically remain in place until the court makes a final financial order or the parties reach an agreement.

What about alimony?

You may have heard the term “alimony” used in films or American television programmes. That term is not used in England and Wales. The family courts here use the terms “spousal maintenance” or “periodical payments” because these are the expressions used in the relevant case law and the Matrimonial Causes Act 1973. The language of the legislation reflects the legal system in England and Wales, and is what you will encounter in reality.

What happens if maintenance is not paid?

If a party fails to comply with a spousal maintenance order, the receiving party may apply to the family court to enforce the order. The court has a range of enforcement powers available to recover unpaid maintenance, including, where appropriate, ordering deductions directly from the paying party’s employment income or securing the debt against property. The most appropriate method of enforcement will depend on the individual circumstances of the case.

If maintenance payments cease or are repeatedly missed, it is important to seek legal advice promptly rather than allowing arrears to accrue. It should be noted that arrears over 12 months are significantly harder to enforce.

Can a spousal maintenance order be changed?

Finally, it is worth noting that where a maintenance order has already been made, either party may apply to the family court to vary or discharge it if there has been a change in circumstances since the original order was made. The court is required under the relevant section of the Matrimonial Causes Act 1973 to consider all the circumstances of the case, including any such changes, when deciding whether to vary an existing order. This means that maintenance arrangements are not necessarily fixed or permanent and can be revisited if your financial situation or that of your former spouse changes.

Get in touch

Kaleel Anwar is a Partner in the Family Department, specialising in complex cases involving multi-million-pound businesses, pre/post-nuptial agreements with international elements, and Islamic sharia family law.

Shabnam Parwez is a Solicitor in the Family team, having joined the firm in 2022 and qualifying in 2025.

If you’re looking to understand more about your legal position, contact one of our expert divorce and finances solicitors today on 0330 111 3131 or via our online enquiry form.