In brief
Spousal maintenance is financial support paid by one spouse to the other after a marriage ends. It is not an automatic entitlement. Whether you can claim spousal maintenance depends on your financial needs, your ability to support yourself, and your former spouse’s ability to pay.
The court considers a range of factors set out in Section 25 of the Matrimonial Causes Act 1973, including the length of the marriage, each person’s income and earning capacity, and any childcare responsibilities. Spousal maintenance only applies to married couples and civil partners, it is not available to unmarried couples, regardless of how long they have lived together.
What is spousal maintenance?
Spousal maintenance is a regular payment made by one former spouse to the other following divorce or dissolution of a civil partnership. Its purpose is to help the lower-earning partner meet their reasonable living costs when they cannot do so from their own income alone.
It is separate from child maintenance, which is calculated differently and covers the costs of raising children. Spousal maintenance focuses solely on the financial needs of the former spouse.
Important points to understand from the outset:
- Spousal maintenance is not compulsory, there is no automatic right to it
- There is no fixed formula for calculating the amount
- The court’s starting point is always to consider whether a clean break is possible, meaning both parties become financially independent
Who is entitled to spousal maintenance?
Either husband or wife can claim spousal maintenance, it is not gender-specific. The court decides entitlement by looking at the factors listed in Section 25 of the Matrimonial Causes Act 1973. These include:
- Income and earning capacity – what each spouse currently earns and could reasonably be expected to earn
- Financial needs and obligations – housing costs, bills, debts, and other essential outgoings
- Standard of living during the marriage – the court considers the lifestyle the couple enjoyed together
- Age of each party – older spouses may find it harder to re-enter the workforce or increase their earnings
- Duration of the marriage – longer marriages are more likely to result in maintenance awards
- Physical or mental disability – any health condition affecting a spouse’s ability to work
- Contributions to the marriage – including non-financial contributions such as homemaking and childcare
- Conduct – only relevant in exceptional cases where it would be inequitable to disregard it
The court must also consider whether the claiming spouse can become self-sufficient and, if so, how long that transition might take. In many cases, the goal is to provide support for a defined period while the lower-earning spouse retrains, gains qualifications, or re-establishes a career.
Types of spousal maintenance orders
There are several ways spousal maintenance can be structured. The type of order depends on the circumstances of both parties.
| Type of Order | How It Works |
| Term order | Payments for a fixed period (e.g. 3 or 5 years), often to allow time for the recipient to become financially independent. The court can make it “extendable” or “non-extendable.” |
| Joint lives order | Payments continue until either party dies, the recipient remarries, or the court varies the order. These are now relatively rare and reserved for cases where self-sufficiency is not realistic. |
| Nominal order | A very small token payment (e.g. £1 per year) that keeps the door open for a future application if circumstances change. |
| Capitalised maintenance (lump sum) | A one-off lump sum calculated to replace ongoing payments. This provides a clean break while meeting the recipient’s maintenance needs. |
In many divorces, especially shorter marriages, the court will try to achieve a clean break, ending all financial ties between the parties. A clean break may involve a larger share of assets (such as the family home or pension) in exchange for giving up spousal maintenance claims.
How is spousal maintenance calculated?
There is no statutory formula for calculating spousal maintenance in England and Wales. Each case is decided on its own facts using the Section 25 factors.
The one-third rule
You may have come across the “one-third rule”, an old guideline suggesting the recipient should receive roughly one third of the couple’s combined income. While this approach appeared in some older cases, it is no longer used by the courts. The current approach is needs-based, focusing on what the recipient reasonably requires to live and what the paying party can afford.
What the court considers in practice
The court’s approach was helpfully summarised in the case of SS v NS [2014] EWHC 4183 (Fam), where Mr Justice Mostyn set out guiding principles for spousal maintenance:
- The order should generally address the needs of the applicant created by the marriage only
- There needs to be fairness in the allocation of the payer’s available income
- There should be a transition to independence wherever possible
- A term order should be the starting point, not a joint lives order
This approach has been consolidated in subsequent cases. In practice, spousal maintenance is often agreed between the parties, either directly, through solicitors, or through mediation, rather than being decided by a judge. A negotiated agreement can then be recorded in a consent order to make it legally binding.
How long does spousal maintenance last?
Spousal maintenance is not necessarily permanent. Payments typically end when:
- The fixed term set by the court expires (for term orders)
- The recipient remarries or enters a new civil partnership
- Either party dies
- The court varies or discharges the order on application by either party
- A clean break order is made, dismissing all future claims
Cohabitation with a new partner does not automatically end spousal maintenance, but it can be grounds for the paying party to apply to the court to reduce or stop payments.
If circumstances change significantly, for example, the paying party loses their job or the recipient’s income increases substantially, either party can apply to the court to vary the maintenance order.
Spousal maintenance vs child maintenance
These two types of financial support are often confused, but they are separate.
| Spousal Maintenance | Child Maintenance | |
| Who it supports | Former spouse | Children |
| Who decides | The court or agreement between parties | Child Maintenance Service (CMS) or court |
| How it is calculated | No fixed formula – based on needs and means | Formula-based |
| Ends when | Remarriage, death, court order, or fixed term | Child turns 16 (or 20 if in approved education) |
| Applies to | Married couples and civil partners only | All parents, married or unmarried |
For more detail on children’s financial support, see our guide to child maintenance.
When the court may refuse spousal maintenance
The court may refuse to award spousal maintenance if:
- The applicant does not have a financial need, for example, they have sufficient income or assets to meet their own needs
- The paying party cannot afford to make payments without falling below a reasonable standard of living themselves
- The marriage was short and there is no long-term financial disadvantage to either party
- A clean break is appropriate, particularly where assets can be divided to meet both parties’ needs
- The applicant has unreasonably refused to take steps towards financial independence
It is worth noting that even if spousal maintenance is not awarded, this does not affect any entitlement to a share of assets through the divorce settlement. Property, pensions, and savings are dealt with separately.
Get expert advice on spousal maintenance
Whether you think you may be entitled to spousal maintenance or you are concerned about having to pay it, getting early legal advice can make a significant difference. A family law solicitor can assess your situation, explain your options, and help you reach a fair outcome, whether through negotiation, mediation, or court proceedings.
At Woolley & Co, our specialist family law solicitors work with clients across England and Wales, offering expert guidance on all aspects of spousal maintenance and financial settlements.
Call us on 0800 321 3832 for a free initial consultation, or request a call back at a time that suits you.
Frequently asked questions
Is spousal maintenance mandatory in the UK?
No. Spousal maintenance is not mandatory or automatic. It is only awarded where the court is satisfied that one party has a genuine financial need and the other has the ability to pay. Many divorces result in a clean break with no ongoing maintenance payments.
Does a husband have to support his wife during separation?
There is no automatic legal obligation for one spouse to support the other during separation. However, if you are still married, you can apply to the court for “maintenance pending suit”, interim financial support while divorce proceedings are ongoing. This is separate from a final spousal maintenance order.
Can my ex claim spousal maintenance after the divorce is finalised?
Yes, unless a consent order or court order has been made that specifically dismisses spousal maintenance claims. Without such an order, financial claims, including spousal maintenance, remain open indefinitely, even years after the divorce. This is one of the most important reasons to obtain a financial order as part of your divorce.
Does spousal maintenance stop if I start living with a new partner?
Cohabitation does not automatically end spousal maintenance. However, the paying party can apply to the court to have the order varied or discharged if the recipient is living with a new partner, as this may reduce their financial needs. Remarriage or entering a new civil partnership does automatically terminate spousal maintenance.
Is spousal maintenance taxable?
No. Spousal maintenance payments are tax-neutral in the UK. The recipient does not pay income tax on the payments, and the payer cannot claim tax relief for making them.
What is the one-third rule for spousal maintenance?
The one-third rule was an older guideline suggesting that the recipient should receive about one third of the couple’s joint income. This approach is outdated and no longer applied by the courts. The modern approach is needs-based, looking at what the recipient genuinely requires and what the payer can reasonably afford.
