By Sital Somaiya, Founder and Solicitor. Last reviewed 14 October 2026.
Key points
- Spousal maintenance is regular payments from one former spouse to the other after divorce, separate from child maintenance.
- There is no formula. The amount is usually based on need and what the other spouse can afford.
- The courts prefer a clean break, or maintenance for a fixed term, over payments for life.
- Maintenance ends automatically on the receiving spouse’s remarriage or on either person’s death.
Spousal maintenance is regular payments from one former spouse or civil partner to the other after divorce or dissolution. It is separate from child maintenance, and it is one of the most argued-over parts of a financial settlement because, unlike the rest, it can continue for years.
There is no calculator. Unlike child maintenance, the amount is not worked out by formula. It is decided by agreement or by the court, applying section 25 of the Matrimonial Causes Act 1973.
In this guide
- How the amount is decided
- Earning capacity counts, not just income
- How long it lasts
- When maintenance ends or changes
- Maintenance while the case is going on
- If maintenance is not paid
- Frequently asked questions
- Talk to us
How the amount is decided
In most cases spousal maintenance is based on need. The court looks at:
- Each person’s income and earning capacity, now and in the foreseeable future
- Each person’s reasonable needs and living costs
- The standard of living during the marriage
- Each person’s age and the length of the marriage
- Contributions to the family, including caring for children and the home
- Any health problems or disability
The question is usually what the receiving spouse reasonably needs, and what the paying spouse can afford, once the capital has been divided. Maintenance and capital are linked: a larger share of the capital can reduce or remove the need for maintenance.
Earning capacity counts, not just income
The court asks whether the receiving spouse can increase their earnings, and how quickly. Someone who stepped back from work to raise children may be given time to retrain or return to work, with maintenance set to reduce or end when they can reasonably support themselves. The court does not, in most cases, share the paying spouse’s future earnings simply because they were married.
How long it lasts
| Type of order | What it means |
|---|---|
| Clean break | No ongoing maintenance at all. Each of you becomes financially independent. |
| Term order | Payments for a fixed period, for example until the youngest child finishes school. The court can direct that the term cannot be extended. |
| Joint lives order | Payments until either of you dies or the receiving spouse remarries, unless varied. Now less common. |
| Nominal order | A token amount, such as £1 a year, which keeps the right to apply for more open if circumstances change. |
Under section 25A of the 1973 Act the court must consider whether a clean break is possible and, if maintenance is needed, whether it can end at a set point. The direction of travel is towards shorter terms and independence.
When maintenance ends or changes
- It ends automatically if the receiving spouse remarries or enters a civil partnership, or if either of you dies.
- Living with a new partner does not end it automatically, but it can be grounds to apply to reduce or end it.
- Either of you can apply to vary it if circumstances change significantly, such as redundancy, illness or a large change in income, unless the order says the term cannot be extended.
- It can be capitalised: the paying spouse pays a lump sum instead, to achieve a clean break.
Maintenance while the case is going on
If you need support before the final order, you can apply for maintenance pending the outcome of the proceedings. It is a short-term order to cover essential costs until the financial case is decided, and the court can deal with it quickly.
If maintenance is not paid
A maintenance order can be enforced through the court, including by an attachment of earnings order that takes payments directly from the paying spouse’s wages. Act promptly: arrears more than 12 months old can only be enforced with the court’s permission.
An example
Claire and Mark were married for 16 years and have two children aged 11 and 14. Mark earns £85,000. Claire went part-time when the children were born and earns £22,000. The house is transferred to Claire with a smaller mortgage, and the pensions are shared. Mark agrees to pay maintenance for seven years, stepping down after the younger child starts secondary school, with no right for Claire to extend the term. Both know where they stand, and Claire has time to increase her hours.
This is an illustrative example, not a real case.
Frequently asked questions
Is there a standard percentage for spousal maintenance?
No. Some people quote rules of thumb, but courts in England and Wales do not use a formula. The amount depends on the needs and resources of both of you.
Does spousal maintenance stop if my ex moves in with someone?
Not automatically. Remarriage ends it, but cohabitation does not. It can be a reason to apply to the court to reduce or end the payments.
Can I get spousal maintenance after a short marriage?
It is less likely, and usually shorter. After a short marriage without children the court tends to focus on returning each person to independence quickly.
What if my ex stops paying?
You can apply to the court to enforce the order, including by taking payments directly from their wages. Arrears more than a year old need the court’s permission to enforce, so do not wait.
Is spousal maintenance taxed?
No. The paying spouse gets no tax relief, and the receiving spouse does not pay income tax on it.
Sources
- Matrimonial Causes Act 1973, section 25, legislation.gov.uk
- Matrimonial Causes Act 1973, section 25A, legislation.gov.uk
- Divorce: money and property, GOV.UK
Talk to us
Signature Law advises on maintenance as part of financial settlements on divorce for clients in Romford, Essex and East London. Our guides to Form E and the FDR hearing and pension sharing orders cover the rest of the financial process. Speak to our divorce solicitors in Romford.
Request a callback, or call 01708 398 851.
