Spousal Maintenance Solicitors

Osbornes Law advises on spousal maintenance and spousal support claims for people going through divorce or the dissolution of a civil partnership. Our family team is ranked by Chambers UK and Legal 500, and we will help you understand what you are entitled to, and for how long.

Working out spousal maintenance is rarely straightforward. The amount depends on both former partners’ income, needs and financial resources, not a fixed formula, and the court has wide discretion over how long payments should run. If you are worried about how you will manage financially after divorce, or you have been asked to pay ongoing maintenance you think is unfair, we can advise you on where you stand.

We handle spousal maintenance claims alongside financial settlements, including cases involving business assets, pensions, property and international finances. Where a case involves significant wealth, our team also advises on high net worth divorce.

What is spousal maintenance

Spousal maintenance is regular financial support paid by one former spouse or civil partner to the other after separation. It is separate from child maintenance, which covers the cost of raising children, and separate from a lump sum or property settlement.

The court’s power to order spousal maintenance comes from section 23 of the Matrimonial Causes Act 1973, which allows either party to be ordered to make periodical payments to the other for a term set by the court. Maintenance is usually paid monthly and can be agreed between former partners or ordered by the court as part of a financial settlement.

Maintenance is not automatic. The court only orders it where one former partner cannot meet their reasonable needs from their own income and resources, and the other has the means to help.

How much spousal maintenance could you get

There is no set formula for spousal maintenance in England and Wales. Under section 25 of the Matrimonial Causes Act 1973, the court weighs up a range of factors for both partners, including:

• Income, earning capacity and other financial resources, now and in the foreseeable future.
• Financial needs, obligations and responsibilities.
• The standard of living enjoyed during the marriage.
• The age of each partner and the length of the marriage.
• Any physical or mental disability.
• Contributions made to the family, including childcare and running the home.
• The value of pension and other benefits either partner will lose as a result of the divorce.

In practice, this means maintenance is usually set at a level that covers the receiving partner’s reasonable income needs, rather than replicating the exact lifestyle enjoyed during the marriage. If you and your former partner cannot agree a figure, we can advise you on what a court is likely to order based on your circumstances, and negotiate or apply to the court on your behalf.

How long does spousal maintenance last

Spousal maintenance can be ordered for a fixed term, or for joint lives, meaning it continues until either partner dies, the receiving partner remarries, or the court ends it.

Section 25A of the Matrimonial Causes Act 1973 requires the court to consider whether a fixed term would let the receiving partner adjust to financial independence without undue hardship, rather than defaulting to an open-ended order. In recent years, courts have leaned more towards fixed-term orders where the receiving partner can realistically become self-sufficient, particularly where the marriage was shorter or there are no dependent children.

We can advise you on whether a fixed-term order or a joint lives order is more likely in your case, and help you plan for what happens when maintenance ends.

Spousal maintenance and clean break orders

Many former partners prefer a clean break: a lump sum or one-off division of assets in place of ongoing maintenance, so neither partner has an ongoing financial claim on the other. A clean break can bring certainty, but it is not always possible, particularly where one partner has a much lower earning capacity or has taken time out of work to raise children.

We will talk you through whether a clean break is realistic in your case, and, if you already receive spousal maintenance, whether capitalising it (converting future payments into a lump sum) could work for you.

Can spousal maintenance be varied or stopped

Spousal maintenance orders can usually be varied if either partner’s circumstances change significantly, for example a job loss, a new relationship, or a change in the receiving partner’s needs. Maintenance normally ends automatically if the receiving partner remarries, and it ends when either former partner dies unless the order specifically says otherwise.

If your former partner has stopped paying spousal maintenance, or you want to apply to vary or end an existing order, we can advise you on your options, including enforcement action where payments are being withheld. Spousal maintenance is separate from child maintenance, which is dealt with under its own rules.

Mills v Mills: what the Supreme Court decided

The leading case on the limits of spousal maintenance is Mills v Mills [2018] UKSC 38, decided by the Supreme Court in July 2018. The wife had received a lump sum on divorce to rehouse herself, but a series of her own property decisions after the settlement left her renting rather than owning her home outright. She applied to increase her spousal maintenance to cover the rent, and the Court of Appeal agreed.

The Supreme Court overturned that decision. It held that a paying spouse is not responsible for meeting needs that arise from the receiving spouse’s own financial decisions made after the original settlement, rather than needs generated by the marriage itself.

“The point at issue in this case affects a large number of maintenance claims,” says Joanne Wescott, family law partner at Osbornes Law. “Mills confirms that spousal maintenance is there to meet reasonable needs, not to protect a former partner from the consequences of their own financial choices after the settlement.”

International and high value spousal maintenance claims

Spousal maintenance claims are rarely simple where a former partner lives abroad, holds assets overseas, or where the couple has connections to more than one country. Our family team has particular experience with international and cross-border family law, including cases involving European clients, and with high value spousal maintenance claims tied to business assets, trusts and pensions.

If your case involves an international element or significant wealth, our high net worth divorce and financial settlement teams work alongside our spousal maintenance specialists to make sure nothing is missed. If you and your former partner want to try to agree maintenance without going to court, our family mediation and collaborative family law services may also be worth considering.

Why choose Osbornes

Our family team is recommended by Chambers UK and Legal 500, and includes members of Resolution, the association for family lawyers committed to resolving disputes constructively wherever possible. We handle spousal maintenance claims of every size, from straightforward monthly support to complex, high value cases involving international assets.

Harriet McMorrin and Joanne Wescott lead on spousal maintenance and financial settlement matters within our family team, working with clients across London and further afield.

Speak to a spousal maintenance solicitor today

If you need advice on spousal maintenance, whether you are applying for it, defending a claim, or want to vary an existing order, call us on 020 7485 8811 or fill in the contact form below and a member of our family team will get back to you.