Spousal maintenance
Will one of us have to pay spousal maintenance to the other after divorce?
Spousal maintenance (sometimes called spousal periodical payments, or in some other countries called 'alimony') means continuing payments from one former spouse to the other, most often on a monthly basis.
When it comes to future income, the English court's approach is not to divide it (which is its approach to assets in existence at the time of the divorce). However, if one spouse has been wholly or partly dependent on the other to meet their income needs during the marriage, the court may decide some support should continue beyond the end of the marriage as spousal maintenance. Any order will usually be made on the basis of need. Needs are influenced by (though not determined by) the standard of living during the marriage and the financial resources available. If the standard of living during the marriage was high, needs will be assessed more generously and it is possible to include in the assessment all manner of things that a spouse has become used to (for example, running costs of additional properties, staff, holidays and leisure, designer clothes etc.).
The court will consider many further factors, including the ages of the spouses, the roles that each spouse played in the marriage, whether there are children, each spouse's qualifications and work history, any time that either of them might have spent outside of the workplace, and the availability of jobs. The payee (i.e. the spouse who is to receive the payments) will be expected to use their own resources to support themselves to the extent that they can. The court might say that the payee should increase their earnings or earning capacity or use some of their capital to meet their income needs.
As well as the amount of the payments, the court can also decide how long the payments should continue for. The payee's remarriage or the death of either party also brings the order to an end automatically.
Spousal maintenance can be capitalised (i.e. it may be fair for the payer to pay a lump sum instead of ongoing payments).
Unless capitalised, spousal maintenance orders are variable (upwards or downwards) if either spouse makes a further application to the court on the basis of a change of circumstances.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
Get in touch
Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
+44 20 7597 6384 Email Sarah