How Much Spousal Maintenance Can I Claim On Divorce?

• Published date: 02 June 2023
• Subject Matter: Family and Matrimonial, Family Law, Divorce
• Law Firm: Myerson Solicitors LLP
• Author: Myerson Solicitors LLP

Interim spousal maintenance

The court can also order interim spousal maintenance, known as maintenance pending suit.

This is financial support paid by one spouse to the other after divorce proceedings start until the divorce is finalised and a final financial order is made.

Maintenance pending suit orders may be backdated to the date of the application for a financial order but not before.

When considering an application for maintenance pending suit, the court will only concentrate on the party's immediate and interim needs.

What is spousal maintenance?

Spousal or civil partner maintenance is also known as a periodical payments order.

This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the order.

Whilst there is an expectation in the eyes of the Family Law courts that both parties will contribute financially to their own needs as far as they can, decisions made during the marriage or civil partnership may mean that one spouse may not have sufficient income to meet their needs.

In such circumstances, it may be appropriate for that party to seek spousal maintenance.

Who can apply for spousal maintenance?

Either spouse or civil partner is eligible to apply to the court for maintenance.

The parties may be able to reach an agreement directly about the appropriate level and period of maintenance.

Mediation must be considered, if appropriate, to see if it is possible to reach an agreement outside of court.

If you and your partner cannot reach an agreement about maintenance, then a court application will be required.

When either party makes an application to the court, the court will make several standard directions to progress the application, and a hearing will be listed.

What will the court consider when deciding on spousal maintenance?

The court will follow the legal principles from legislation and case law before deciding on spousal maintenance.

The court has very wide discretion, meaning the outcome of financial proceedings can be difficult to predict.

The court will want to make sure any order made is fair.

The court will have regard to the welfare of any children of the family and the factors listed within section 25 of the Matrimonial Causes Act 1973, namely:

1. The income and earning capacity that each party has or is likely to have in the foreseeable future.
2. Earning capacity; any increase in that capacity that it would be reasonable to expect the...