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I was the main earner. Will I have to pay spousal maintenance, and for how long?

If you have supported your family for years, the end of your marriage can bring a particular kind of fear. You may worry that you will be paying your former spouse for the rest of your life, and that you will never be free to move on.

That fear is understandable. But it is often based on outdated stories. The modern approach of the courts in England and Wales is to help both people towards independence, not to create a lifelong meal ticket.

The short answer: You may have to pay spousal maintenance if your former spouse cannot meet their reasonable needs from their own income and their share of the assets. The court must consider a clean break first. Where maintenance is ordered, it is increasingly for a fixed term, and it ends automatically if the person receiving it remarries.

 

When spousal maintenance is ordered

Spousal maintenance (the court calls it “periodical payments”) is about need, not reward. The court asks three questions:

  1. What are each person’s reasonable income needs after the divorce?
  2. Can those needs be met from their own earnings, benefits and share of the capital?
  3. If not, can the other person afford to make up the gap?

If the answer to the last question is yes, an order is possible. It is not automatic. In many divorces, particularly short marriages, those without children or where both people work, there is no ongoing maintenance at all.

The clean break duty

Section 25A of the Matrimonial Causes Act 1973 requires the court to consider whether the financial ties between you can be ended as soon as is fair. This is called a clean break.

A clean break can be achieved in several ways:

  • Giving the lower earner a larger share of the capital instead of income payments
  • Paying a one-off lump sum that replaces future maintenance (sometimes called capitalised maintenance)
  • Ordering maintenance for a fixed term, then ending it

For many main earners, a lump sum now is worth considering. It costs more at the outset, but it gives certainty and closes the door on future claims.

How long does maintenance last?

 

Type of order

How it works

When it ends

Fixed term order

Payments for a set period, such as five years

At the end of the term. The court can prevent any extension

Extendable term order

Payments for a set period, but the recipient can apply to extend it

At the end of the term unless extended

Joint lives order

Payments with no end date

On the death of either person, remarriage of the recipient, or a further court order

Nominal order

Payments of a token amount, such as 5 pence a year

Keeps the claim alive in case circumstances change

 

Joint lives orders are much less common than they used to be. Courts today generally expect the recipient to make reasonable efforts to support themselves, particularly once children are at school.

When maintenance ends early

Spousal maintenance ends automatically if:

  • The person receiving it remarries or enters a civil partnership
  • Either of you dies
  • A fixed term comes to an end

It does not end automatically if the recipient moves in with a new partner, but cohabitation is a strong reason to ask the court to reduce or end payments.

Can maintenance be changed later?

Yes. Either of you can apply to the court to vary a maintenance order if circumstances change. For example, if you lose your job, retire, or your former spouse starts earning much more. The court may also convert the ongoing payments into a lump sum and end the order.

What about my future earnings and bonuses?

Two important cases offer some reassurance to high earners:

  • In Waggott v Waggott (2018), the Court of Appeal confirmed that your earning capacity after the divorce is not an asset to be shared. Maintenance is about need, not giving your former spouse a share of your future success.
  • In Mills v Mills (2018), the Supreme Court decided a husband did not have to increase maintenance to cover a wife’s housing after she had spent her capital from the divorce settlement unwisely.

Bonuses, share options and deferred pay can still be relevant to income needs and capital, especially for City professionals. How they are treated depends on when they were earned and the terms attached. This is an area where careful advice can make a significant difference.

Spousal maintenance and child maintenance are different

 

Spousal maintenance

Child maintenance

Paid to support your former spouse

Paid to support your children

Decided by agreement or the court

Usually worked out by the Child Maintenance Service formula

Can be capitalised and ended with a clean break

Cannot be ended by a clean break while children are dependent

Ends on the recipient’s remarriage

Continues regardless of either parent’s new relationship

 

Checklist: protecting your position

☐  Give full and honest financial disclosure. Hidden income is the fastest way to lose the court’s trust

☐  Prepare a realistic budget for your own future needs

☐  Think about whether a lump sum or larger capital share could replace maintenance

☐  Gather evidence about your former spouse’s realistic earning capacity

☐  Ask for a fixed term, with a bar on extension where fair

☐  Make sure any agreement is recorded in a consent order with clean break wording

How you may be feeling

Many main earners feel anxious, resentful or worn out. You may have worked long hours believing it was for your family, and now feel that effort is being used against you. It helps to remember that the aim is fairness for both of you, and that a well-planned settlement can set a clear end date and let you rebuild.

How Shortlands can help

We act for business owners, City professionals and high earners who want a fair outcome and a clear future. We can advise on clean break options, the treatment of bonuses and shares, and how to structure a settlement that gives you certainty.

Call 020 7629 9905 or request a call back. Our fixed-cost initial appointment comes with no obligation.

Law referred to in this article

  • Matrimonial Causes Act 1973, sections 23, 25, 25A, 28 and 31
  • Mills v Mills [2018] UKSC 38
  • Waggott v Waggott [2018] EWCA Civ 727

This article is general information about the law in England and Wales. It is not legal advice. Please speak to a solicitor about your own situation.

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