Spousal Maintenance After Divorce in the UK

Spousal maintenance is a financial arrangement where one ex-spouse provides support to the other to help maintain their living standard after divorce.

If unsure about spousal maintenance or need help, legal advice is vital. Our family law solicitor can explain your rights, check if you're entitled, and help with the application process.

Remember, every divorce is different. The goal should always be a fair and reasonable outcome.

Need expert advice on spousal maintenance? Call our family law solicitors in London at 0203 417 3700 for legal support for spousal maintenance.

Table of Contents

What is spousal maintenance in divorce?

Spousal maintenance is financial support provided by one ex-spouse to the other lower-earning spouse after divorce to help sustain their living standard.

Payments are usually monthly and can be temporary or lifelong under a “joint lives order.”

Who is entitled to spousal maintenance in the UK?

Spousal maintenance is granted if an ex-spouse cannot meet their financial needs after divorce, depending on marriage length and financial commitments.

In the UK, both parties to a divorce might be entitled to spousal maintenance. But there are no automatic rights, and it's not given to everyone.

Key facts about spousal maintenance

• It's different from child maintenance.
• Provides financial support to a lower-earning ex-spouse.
• Can be temporary, fixed-term, or lifelong.
• Determined by income disparity, marriage length, and needs.
• Can be modified or terminated if circumstances change.
• Usually paid monthly but may be a lump sum.

How is spousal maintenance calculated in the UK?

The Family Court considers various factors to calculate the amount of spousal maintenance including spouses' incomes, marriage length, and financial needs.

There is no set rule or formula; however, the Court considers the following factors to determine the amount and duration of spousal maintenance:

• Income and financial needs of both parties.
• Length of the marriage.
• Standard of living during the marriage.
• Ability to support oneself after divorce.
• Whether there are minor children.
• Whether the spouse sacrificed career opportunities to care for children or support their partner.

For a precise assessment of your spousal maintenance needs, speak with our family law solicitors in London by calling 0203 417 3700 or filling in our contact form.

When does the Court order spousal maintenance?

The Court orders spousal maintenance if one spouse cannot afford basic needs, especially if they were financially dependent during the marriage.

The decision depends on factors like financial need, earning capacity, and the standard of living during the marriage.

How do I apply for spousal maintenance?

Before applying to the Court for spousal maintenance, try to reach an agreement with your spouse through direct negotiation, mediation, or legal assistance.

To apply for spousal maintenance, follow these steps:

1. Attempt to agree with your spouse directly or through mediation.
2. Submit the required form (e.g., Form A in England & Wales).
3. Share details of income, expenses, and assets.
4. Attend Court hearings if an agreement isn’t reached.
5. The Court determines the amount, duration, and conditions.

Getting legal advice before applying to the Court for spousal maintenance is important. A family law solicitor can guide you, help with paperwork, and represent you in court if needed.

Our experienced family law solicitors specialise in spousal and child maintenance. Call us at 0203 417 3700 to see how we can assist you.

Duration of spousal maintenance

Spousal maintenance payments continue according to the terms set by the Court. However, the Court can modify them if circumstances change.

Spousal maintenance payments usually stop if the recipient remarries, starts living with a new partner, or becomes financially independent.

These payments are usually monthly and can be temporary or lifelong under a “joint lives order.”

Can maintenance payments be changed?

Yes, either spouse can ask for changes if their money situation changes. Courts might adjust payments or choose a one-time payment if it's fair.

Am I automatically entitled to spousal maintenance after divorce?

No, you're not automatically entitled to spousal maintenance. The court looks at many things, like how long you were married and your financial needs. Each situation is different, so you can't be sure you'll get it.

How common is spousal maintenance in the UK?

Spousal maintenance is quite common in the UK, especially in long marriages or when one ex-spouse was financially dependent during the marriage.

But many divorces end with a "clean break," where neither gets ongoing support. This is common when both spouses are financially independent after the divorce.

How can family law solicitors help with spousal maintenance applications?

Our spousal maintenance solicitors can:

1. Legal Advice – Assess your eligibility and explain your rights regarding spousal maintenance.
2. Negotiation & Mediation – Help negotiate a fair agreement with your spouse, potentially avoiding court.
3. Preparing & Filing Documents – Ensure correct completion and submission of necessary court forms.
4. Financial Disclosure Assistance – Guide you in presenting accurate financial information.
5. Court Representation – Advocate on your behalf during hearings to secure a favourable outcome.
6. Enforcement & Modifications – Assist in enforcing orders or seeking changes if circumstances change.

Our team of family law solicitors has decades of experience handling spousal and child maintenance matters. Call Wembley Solicitors at 0203 417 3700 for help.

Contact spousal maintenance solicitors

For legal assistance with spousal maintenance, call Wembley Solicitors at 0203 417 3700 to see how our family law solicitors in London can assist you.