Spousal maintenance

What is spousal maintenance?

Spousal maintenance (sometimes called alimony) is a regular payment made by one ex-spouse to another to help them meet their living costs after divorce. It’s separate from child maintenance and is intended to address financial inequality between the parties.

Maintenance is typically paid monthly and continues for a defined period, though in some cases it can continue until one party dies (a “joint lives order”).

When is maintenance appropriate?

Spousal maintenance is not automatically payable. It applies when:

• One spouse cannot meet their reasonable needs from their own income
• The other spouse has the ability to pay
• There are no other ways to address the shortfall (such as dividing assets differently)

Courts treat maintenance as a transitional measure, helping someone become financially independent rather than providing permanent support.

Common situations

Maintenance might be appropriate when:

• One spouse gave up their career to raise children and needs time to return to work
• There’s a significant income disparity after a long marriage
• One spouse supported the other’s career or education at the expense of their own
• Health issues or disability limit earning capacity
• Caring responsibilities for children prevent full-time work

How is the amount calculated?

Unlike child maintenance, there’s no standard formula for spousal maintenance. The amount is determined by considering:

The recipient’s needs

What does the receiving spouse genuinely need to live on? This includes:

• Housing costs (rent or mortgage)
• Utilities and council tax
• Food and household expenses
• Transport
• Insurance
• Clothing
• Reasonable personal expenses

Courts expect reasonable budgets, not aspirational ones. The marital lifestyle provides context, but both parties typically need to adjust expectations post-divorce.

The recipient’s income and earning capacity

What can the receiving spouse earn? Courts consider:

• Current employment and income
• Qualifications and experience
• Realistic job prospects
• Any barriers to employment (health, caring, location)
• Reasonable expectations about increasing income

There’s an expectation that the recipient will work towards financial independence where possible.

The paying party’s ability to pay

Can the other spouse actually afford maintenance payments? This considers:

• Their income after tax and essential expenses
• Their own housing costs
• Child maintenance obligations
• Debt repayments
• Reasonable living costs

Courts won’t order someone to pay more than they can afford.

The overall settlement

Maintenance is considered alongside capital division. If one spouse receives more of the assets, they may need less ongoing maintenance. A larger lump sum now might eliminate the need for maintenance at all.

How long does maintenance last?

The trend is toward time-limited maintenance rather than open-ended support. Common arrangements include:

Fixed term (most common)

Maintenance for a set period – often 2 to 5 years – to allow the recipient to:

• Retrain or upskill
• Find employment
• Increase their earning capacity
• Adjust to financial independence

The order may specify that the term cannot be extended (“barred from extension”), providing certainty for both parties.

Until a specific event

Maintenance continues until:

• Children finish education or reach a certain age
• The recipient completes training or qualification
• Property is sold and proceeds divided
• The recipient achieves a target income level

Joint lives (rare)

Maintenance continues until one party dies or the recipient remarries. This is increasingly rare and typically only appropriate for:

• Very long marriages where the recipient has no realistic earning prospects
• Cases involving serious illness or disability
• Older recipients approaching retirement

Courts now favour independence and clean breaks where possible.

What ends maintenance payments?

Maintenance automatically ends if:

• The recipient remarries
• The recipient enters a civil partnership
• Either party dies
• The term specified in the order expires

Cohabitation doesn’t automatically end maintenance, but the paying party can apply to reduce or end payments if the recipient’s financial circumstances have improved through cohabitation.

Varying maintenance

If circumstances change significantly, either party can apply to court to vary the maintenance order:

Reducing or ending payments

The paying party might apply if:

• Their income has substantially reduced (redundancy, illness)
• The recipient’s income has increased
• The recipient is cohabiting with a new partner
• Circumstances have changed significantly

Increasing payments

The recipient might apply if:

• The paying party’s income has substantially increased
• Their own needs have increased (illness, caring responsibilities)
• The original order didn’t properly reflect needs

Courts will consider whether the change is significant enough to justify variation.

Capitalising maintenance

Instead of ongoing monthly payments, maintenance can sometimes be “capitalised” – paid as a lump sum representing the total future maintenance.

Example: Instead of £1,000 per month for 5 years (£60,000 total), a lump sum of, say, £50,000 might be paid now.

Advantages:

• Clean break achieved
• No ongoing financial relationship
• Certainty for both parties

Disadvantages:

• Requires the paying party to have capital available
• No adjustment if circumstances change
• Difficult to calculate the right amount

Maintenance and tax

Spousal maintenance payments are:

• Not tax-deductible for the paying party
• Not taxable income for the receiving party

This differs from child maintenance (also not taxable) and differs from the rules in some other countries.

Maintenance pending suit

If you need financial support before your divorce is finalised, you can apply for “maintenance pending suit” – temporary maintenance during the divorce proceedings.

This is calculated on a needs basis and provides immediate support while the full settlement is negotiated. It continues until a final order is made.

How to get maintenance

By agreement

Most maintenance arrangements are agreed between the parties, either:

• Directly negotiated
• Through mediation
• With solicitors’ help

The agreed terms are then included in a consent order, making them enforceable.

By court order

If you can’t agree, you can apply to court for a financial remedies order. The court will consider all circumstances and decide whether maintenance is appropriate, how much, and for how long.

Common misconceptions

“I’m entitled to half their salary”

Income isn’t automatically shared 50/50. Maintenance addresses the shortfall between your needs and your income, not guaranteeing equal incomes.

“Maintenance is forever”

Modern practice favours time-limited maintenance with a transition to independence. Joint lives orders are increasingly rare.

“Bad behaviour affects maintenance”

Conduct is rarely relevant. The spouse who had an affair isn’t necessarily penalised, and the “innocent” party doesn’t automatically receive more.

“Men don’t receive maintenance”

Either spouse can receive maintenance if they’re the lower earner with a shortfall. While wives more commonly receive maintenance due to career sacrifice patterns, this isn’t a rule.

Maintenance and benefits

If you receive means-tested benefits, spousal maintenance counts as income and may affect your entitlement. Check with a benefits adviser before agreeing maintenance terms.

Enforcing maintenance

If your ex-spouse doesn’t pay maintenance ordered by the court:

• You can apply to court for enforcement
• Options include attachment of earnings (deducting from wages)
• The court can freeze assets or even imprison for contempt

Enforcement is easier for court-ordered maintenance than informal agreements – another reason to formalise arrangements in a consent order.