Divorce involves not only the emotional disentanglement of two lives but also the practical and financial aspects. One significant financial component that may arise is spousal maintenance—also known as alimony in the US. Spousal maintenance orders can provide essential support to one party following a divorce. In this blog, we’ll explore what spousal maintenance is and when courts are likely to make such an order.
Understanding Orders for Spousal Maintenance
Spousal maintenance is financial support paid by one ex-spouse to the other, post-divorce, to help them meet their reasonable needs. The payments take the form of what are known as Periodical Payments or Secured Periodical Payments Orders, with the aim of ensuring that both parties can maintain a standard of living somewhat reflective of what they experienced during the marriage and insofar as is reasonable, particularly if one spouse has lower earning potential or fewer resources. Periodical and Secured Periodical Payments Order are distinguished from an order for Maintenance Pending Suit, the latter intended to provide financial support from one spouse to another only until the conclusion of divorce and financial remedy proceedings.
When the Court May Grant Spousal Maintenance
The Court will carefully consider whether spousal maintenance is warranted, taking into account a variety of factors related to both parties’ financial positions and the circumstances of the marriage. Here are the key elements they review:
1. Financial Needs and Resources: The court evaluates the income, expenses and earning capacity of each party. If one spouse lacks sufficient means to support themselves, maintenance might be necessary.
2. The Duration of the Marriage: Longer marriages may be more likely to result in spousal maintenance orders, especially if one spouse has been out of the workforce to support the home or raise children.
3. Standard of Living: The court will consider the living standard established during the marriage. While post-divorce living standards may decline, maintenance aims to minimise drastic changes.
4. Age and Health Considerations: The age and health of each party can influence earning capacities and, consequently, the need for maintenance. Older or spouses with disabilities who face challenges re-entering the workforce may receive support.
5. Earning Capacity and Employment: The court assesses the earning potential of both parties. If one spouse requires time or training to re-enter the job market, temporary maintenance may be awarded to bridge the gap.
6. Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting the other’s career, are also recognised. These efforts, though not directly financial, impact the overall economic landscape of the marriage and can influence a spouse’s need for financial support due to reduced income raising capacity.
Types and Duration of Maintenance
Spousal maintenance can be structured in different ways to meet the needs of both parties:
– Term Maintenance: here payments can go up or down at a defined point in the future to reflect anticipated future circumstances. The term can be extendable or alternatively non-extendable pursuant to a Section 28(1A) Matrimonial Causes Act 1973 bar.
– A Nominal Periodical Payments Order – that can be varied upwards to a substantive maintenance order if circumstances change.
– A Joint Lives Order – ongoing maintenance which will continue until either the paying or receiving party dies or in the event of remarriage or subsequent civil partnership.
– Capitalised maintenance: In some cases, a lump sum payment instead of ongoing support might be agreed upon or ordered by the court. The court may carry out what is commonly referred to as a “Duxbury calculation” designed to calculate the amount of income required for the remainder of a spouse’s lifetime.
Spousal maintenance is designed to ensure fairness and financial security during the challenging transition of divorce. By considering each party’s needs, contributions, and future potential, the court aims to provide an outcome that minimises financial disparity. If you face questions about spousal maintenance in your divorce, consulting a family law expert can offer valuable insights and guidance, helping you understand your options and prepare for the next chapter.
This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on the 15th January 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of the capital’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here