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 But it is often based on outdated stories.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:
- What are each person’s reasonable income needs after the divorce?
- Can those needs be met from their own earnings, benefits and share of the capital?
- 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.