When marriages end, the financial entanglements can continue through spousal maintenance arrangements. These ongoing payments can be a crucial financial lifeline for one party while representing a significant long-term commitment for the other. Understanding how spousal maintenance works in the UK is essential for anyone navigating divorce proceedings, particularly where substantial income disparities exist.
Please note: Throughout this guide, we will use the term ‘spousal maintenance’, please note that this term is interchangeable with ‘civil partner maintenance’ and ‘periodical payments’. The term ‘spouse’ is interchangeable with ‘civil partner’.
Spousal maintenance (sometimes called periodical payments) is a regular payment made by one former spouse to the other following divorce or dissolution of a civil partnership. Unlike child maintenance, which is for the benefit of children, spousal maintenance is intended to provide financial support to an ex-spouse who cannot meet their own financial needs independently.
The fundamental principle behind spousal maintenance is to ensure that both parties can meet their reasonable needs following separation, recognising that marriage creates financial interdependence that doesn’t automatically end with divorce.
The Court is under a duty to consider the appropriateness of a ‘clean break’ between divorcing couples, meaning no ongoing financial ties. However, spousal maintenance may be awarded where:
Each case is assessed on its individual circumstances, with the court considering various factors under Section 25 of the Matrimonial Causes Act 1973, including the income and earning capacity of both parties, their financial needs, standard of living during the marriage, age, and contributions to family welfare.
Spousal maintenance can be structured in several ways:
This continues until a specified terminating event occurs, such as:
Joint lives orders have become increasingly rare, with courts favouring fixed-term arrangements where possible.
This sets a specific duration for payments, reflecting the time needed for the receiving spouse to adjust to financial independence. Term orders may be:
A nominal order (often just £1 per year) keeps the door open for potential future claims if circumstances change significantly, without requiring substantial payments in the interim. Such an order can be made for a time limited term, for example it could stay in place until the youngest child of the family turns 18, or a specified stage in education.
Sometimes, maintenance can be “capitalised” – calculated as a lump sum to replace ongoing payments. This approach provides a clean break while ensuring the receiving party’s needs are met.
For high earners, spousal maintenance calculations become significantly more complex and often involve substantial sums. Where one or both parties have high incomes or considerable wealth, several additional factors come into play:
For high net worth individuals, the court must balance:
Where income substantially exceeds needs, the sharing principle becomes more prominent, potentially resulting in maintenance that goes beyond basic requirements.
The marital standard of living serves as an important reference point, particularly in high-income cases. While courts recognise that two households cannot be maintained at exactly the same level as one, they seek to avoid a significant disparity in living standards where resources permit.
For high earners, this often means maintenance payments must enable the receiving spouse to:
High earners often have complex income structures that make calculations more challenging:
These require sophisticated analysis, often necessitating expert financial input to ensure all income sources are properly considered.
While there is no statutory formula for calculating spousal maintenance in the UK (unlike child maintenance), the courts typically assess quantum by balancing the income/earning capacity or the parties against their needs.
For very high earners, courts may consider “generously interpreted needs” that go beyond basic requirements, acknowledging that “reasonable needs” is a relative concept dependent on the family’s overall financial position.
The length of time spousal maintenance continues is particularly significant, as it can represent a substantial long-term financial commitment.
Factors influencing duration can include:
Courts increasingly favour term orders with step-down provisions, gradually reducing payments as the receiving spouse builds financial independence or as children reach certain ages.
Grounds for variation/discharge may include:
UK courts generally favour clean break settlements where resources permit. For high earners, this might be achieved through:
These approaches require careful financial analysis to ensure they fairly reflect the value of foregone maintenance.
If you’re a high earner facing potential spousal maintenance obligations, consider these practical steps:
Comprehensive financial disclosure is legally required, but strategic presentation of information is important:
Where income is variable, consider mechanisms to protect both parties:
High earners should consider potential future scenarios:
At RLK Solicitors, we specialise in high-value financial remedies cases, including complex spousal maintenance matters. Our expertise encompasses:
Our team understands the particular challenges faced by high earners and their spouses, providing pragmatic, results-focused guidance throughout the process.
If you’re concerned about spousal maintenance as part of divorce proceedings, contact RLK Solicitors for expert advice tailored to your circumstances. We offer discrete, professional guidance to protect your financial interests while ensuring fair outcomes.
Call us on 0121 450 7800 or email enquiries@rlksolicitors.com to arrange a consultation.
Alisha is a highly experienced family solicitor with over 10 years’ experience in family law. She leads RLK’s Family & Divorce team and is known for her practical, empathetic advice and firm representation in complex and sensitive matters.
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