How Much Spousal Maintenance Can I Claim On Divorce?

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. 

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.

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 parties to take steps to acquire.
3. The financial needs, obligations, and responsibilities that each party has or is likely to have in the foreseeable future.
4. The standard of living enjoyed by the family before the breakdown of the marriage or civil partnership.
5. The age of the parties and the length of the marriage or civil partnership.
6. Any physical or mental disability either of the parties has.
7. Contributions made, or likely in the foreseeable future to be made, to the welfare of the family, including any non-economic contribution.
8. Conduct, if that conduct is such that it would, in the court’s opinion, be inequitable to disregard it.
9. The value of any benefit that either party will lose the chance of acquiring.

There is no strict formula to calculate spousal/civil partner maintenance.

It is quantified by applying the discretionary checklist set out in section 25 of the Matrimonial Cause Act 1973, as listed above.

In broad terms, it is quantified by balancing the income/earning capacity of each party against their needs, considering all the circumstances of the case.

A maintenance order will terminate if the party receiving the maintenance remarries or enters a civil partnership. 

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.