Spousal maintenance - ongoing payments from one ex-spouse to another after divorce - is one of the most misunderstood parts of UK family law, partly because it’s genuinely discretionary and varies enormously between cases, unlike the more formulaic approach used for child maintenance.
What spousal maintenance actually is
Spousal maintenance is separate from child maintenance (see our dedicated article on that) - it’s a payment intended to support the former spouse themselves, not their children, typically where there’s a genuine and significant income disparity between the parties and one party can’t reasonably meet their own needs immediately following divorce.
Why there’s no fixed formula
Unlike child maintenance, which uses a set CMS percentage formula (see our dedicated article), spousal maintenance is decided by the court (or agreed between the parties) based on the same broad Section 25 factors that apply to the wider financial settlement (see our dedicated article on how money is divided) - meaning the amount and duration genuinely vary case by case, guided by legal principle rather than a calculator.
The strong preference for a ‘clean break’
UK family courts have a marked preference for a ‘clean break’ settlement wherever possible - resolving finances with a one-off transfer of assets or lump sum, such as a larger share of a pension through a pension sharing order (often the single biggest asset available to trade against ongoing maintenance - see our dedicated article on pension sharing), rather than an ongoing maintenance obligation that ties both parties together financially for years afterward. Courts are required (under Section 25A of the Matrimonial Causes Act 1973) to consider whether a clean break is achievable, and ongoing maintenance is generally only ordered where a clean break genuinely isn’t realistic, given the disparity in circumstances.
Term maintenance vs joint lives maintenance
- Term (or ‘fixed-term’) maintenance: paid for a specified period, often designed to give the receiving party time to become financially independent - for example, until children reach school age, or a set number of years to allow retraining or re-entering the workforce.
- Joint lives maintenance: paid indefinitely, until the death of either party, remarriage (or new civil partnership) of the receiving party, or a further court order - now used more sparingly than in the past, reflecting the general judicial preference for a clean break, but still ordered in some longer marriages with a significant, ongoing income disparity.
What can end or vary spousal maintenance
- Remarriage or a new civil partnership of the receiving party automatically ends spousal maintenance by law - though cohabiting (rather than remarrying) with a new partner doesn’t automatically end it, though it can be grounds to apply for a variation.
- A significant change in either party’s circumstances - a substantial pay rise, redundancy, retirement, or serious illness - can be grounds for either party to apply to vary the amount.
- Death of either party ends maintenance, though this can sometimes be addressed through life insurance requirements written into the original order.
How maintenance interacts with a new partner’s finances
A common misconception is that a new partner’s income is directly added to the receiving party’s income for maintenance calculation purposes - in practice, courts consider the receiving party’s own reasonable needs and resources, and a new partner’s contribution to shared household costs can be a relevant factor, but the calculation isn’t as mechanical as simply combining both incomes.
Why maintenance orders need to be reviewed as circumstances change
Because maintenance can be varied by the court, both parties should be aware that an order isn’t necessarily fixed for its full term - either party experiencing a significant change in circumstances can apply for a variation, meaning ongoing maintenance arrangements benefit from periodic review rather than being treated as permanently settled from the point they’re first ordered.
The bottom line
Spousal maintenance is genuinely discretionary, decided case by case with a strong judicial preference for a clean break wherever realistically achievable - term maintenance for a defined period is more common than indefinite ‘joint lives’ maintenance in current practice, and any order remains open to variation if circumstances materially change.
This article is provided for general information and does not constitute legal advice. Spousal maintenance depends heavily on individual circumstances. Speak to a family law solicitor for advice specific to your situation.
Sources
- Matrimonial Causes Act 1973, Section 25
- GOV.UK spousal maintenance guidance
- Resolution.
