Understanding Spousal Maintenance in England and Wales

When a marriage or civil partnership comes to an end, one of the biggest concerns can be how both people will manage financially. While much of the focus may be on the family home, savings and pensions, ongoing financial support between former spouses can also be an important part of reaching a fair financial settlement.

Spousal maintenance is an area of family law that can be difficult to understand, particularly when emotions are high and both parties are adjusting to life after separation.

As family lawyers, we regularly advise clients about their financial position following separation and help them understand whether maintenance could form part of their financial settlement.

What Is Spousal Maintenance?

Spousal maintenance is a regular payment made by one spouse or former spouse to the other to help with their living costs. It is different from child maintenance, which is financial support paid for the benefit of children. Spousal maintenance is concerned with the financial needs of the former spouse or civil partner.

The court can make a maintenance order where appropriate, and payments may be ordered for a set period or, in some circumstances, for longer. The court can also vary a maintenance order if circumstances change.

Who Can Claim Spousal Maintenance?

There is no automatic entitlement to spousal maintenance simply because a couple are divorcing. The financial circumstances of both parties have to be considered. This includes their income, earning capacity, financial needs and responsibilities, the standard of living during the marriage and the needs of any children.

For example, one spouse may have reduced their working hours or stopped working altogether to care for children during the marriage. If there is a significant difference between the parties' incomes following separation, maintenance may need to be considered as part of the wider financial settlement.

How Is the Amount Decided?

There is no fixed formula for calculating spousal maintenance. The starting point is to look at the financial circumstances of both parties and consider whether there is a genuine income shortfall that needs to be addressed. The court will look at the needs of both people and the resources available to meet those needs.

Where possible, the aim is generally to achieve financial independence over time rather than create an indefinite financial tie. However, every case is different, and the appropriate arrangement will depend on the individual circumstances.

How Long Does Spousal Maintenance Last?

A maintenance order can be made for a specified period or, in some circumstances, until one party dies or the recipient remarries or enters into a new civil partnership. Maintenance can also be reviewed or varied if circumstances change. For example, if the paying spouse loses their job or the recipient's financial circumstances improve significantly, it may be appropriate to reconsider the level of maintenance.

This is one reason why it is important to obtain advice before agreeing to a long-term arrangement.

Can You Agree Spousal Maintenance Without Going to Court?

Yes. In many cases, couples are able to negotiate their financial arrangements without having a contested court hearing. Mediation can also be helpful where communication has become difficult. At RDC Solicitors, our Family Department advises clients on financial settlements and aims, where possible, to resolve matters amicably through negotiation. We can also advise on mediation and the collaborative approach where appropriate.

If an agreement is reached, it is important to make sure it is properly documented and, where appropriate, approved by the court through a consent order. An informal agreement may not provide the same level of legal protection.

What If You Can't Agree?

If an agreement can't be reached, either party may apply to the court for a financial order. The court will consider the overall financial circumstances and may make orders covering property, pensions, savings, investments, and maintenance. The process can be long and expensive, so getting advice and exploring negotiation or alternative dispute resolution first can be worthwhile.

What Happens If Maintenance Is Not Paid?

If a person fails to comply with a maintenance order, there may be enforcement options available. This is an area where obtaining legal advice promptly is important. RDC has previously advised on the enforcement of financial orders, including cases involving unpaid maintenance, and the Family Department has experience dealing with court proceedings where financial settlements cannot be agreed.

What About a Clean Break?

In some circumstances, couples may be able to achieve a clean break as part of their financial settlement. This means ending ongoing financial ties between them, where this is appropriate and financially possible. A clean break is not suitable for every couple, though. Where one person cannot currently support themselves without assistance from their former spouse, ongoing maintenance may need to be considered instead.

Getting the Right Advice

Spousal maintenance is rarely considered in isolation. It usually forms part of the wider financial picture following separation, alongside the family home, pensions, savings, investments, and any other assets. Obtaining advice early can help you understand the options available and avoid agreeing to an arrangement without fully understanding its long-term consequences.

At RDC Solicitors, our Family Department takes a holistic approach to financial settlements. We can advise on maintenance, property, pensions and other financial issues and help you explore negotiation, mediation or collaborative solutions before considering court proceedings.

Need Advice About Spousal Maintenance?

If you are separating or divorcing and are unsure about your financial position, our experienced Family Law team can help you understand your rights and options.

Contact RDC Solicitors today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511 to arrange an appointment and discuss your circumstances with one of our experienced family lawyers.