By Jones Myers Partner, Nicki Mitchell – mediator, child inclusive mediator and collaborative family lawyer

The New Year is key for many people planning how best to manage their money in 2025, especially after all the expense of the festive season.

Many spouses – particularly those who are going through separation and divorce – will want to know their rights regarding Spousal Maintenance – a payment made by one party to the other as part of the financial settlement on their divorce or separation.

Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.

Spousal Maintenance is different from Child Maintenance, which is statutory. It is not an automatic entitlement and only applies to divorcing couples. I share some key insights below.

How is the amount and duration agreed?

There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.

Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.

Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.

Does getting Spousal Maintenance involve going to Court?

If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.

In every case the Court must consider the possibility of a Clean Break Order – which severs all financial ties between the couple.

If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level of Spousal Maintenance – and for how long this must be paid.

The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.

How can couples reach a solution without going to court?

More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.

They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Our specialist lawyers at Jones Myers have extensive experience in advising couples in these areas.

In what circumstances is Spousal Maintenance terminated?

When Spousal Maintenance ends will be set out in the court order. Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.

Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.

What happens if the circumstances change?

If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order. If agreement is not possible then either of them can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.
Experienced family lawyers like Jones Myers have extensive experience in helping our clients to understand their legal position and options regarding Spousal Maintenance.

We can also assist in negotiating agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.

For queries on Spousal Maintenance or any aspect of family law, call us 0113 246 0055 (Leeds) 01423 276104 (Harrogate), 01904 202550 (York). Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet @helpwithdivorce

Jones Myers blog is ranked 8th in the UK’s Best 25 family law blogs and websites to follow in 2025.

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Many people facing divorce who have relied on their spouses’ earnings – and do not have their own income streams – are understandably anxious about their future finances.  

Major income gaps between you and your ex may result in you receiving ongoing financial support, known as spousal maintenance, to prevent undue hardship.

This is particularly relevant when considering the well-being of any children who are caught up in the relationship breakdown – whose interests should always come first. 

What is spousal maintenance?

Spousal maintenance is a payment made to you by your ex as part of the financial settlement relating to your divorce.

Usually paid monthly, it can last for a defined period or, in increasingly rare cases, the rest of your life. As you do not have an income, you may be entitled to a maintenance claim to help manage your monthly outgoings. This is based on need and, in some cases, can be applied for as an emergency measure.  

How is the amount of spousal maintenance decided?

There is no set formula to calculate spousal maintenance. The sum and its duration can be settled through mutual agreement between you and your ex.

If you can’t agree, the Court can decide the amount to be paid and the length of time it will be paid. 

The first step is to establish whether there should be any spousal maintenance at all.

In every case the Court must consider the possibility of a clean break order – a financial order with no financial obligations between the two of you in the future.

This is also something which you will need to consider if you embark on alternatives to divorce which do not involve going to Court such as negotiation, mediation or collaborative family law.  

Only if a clean break is not appropriate immediately, can you move on to the next stage of determining the amount of spousal maintenance and its duration.

What happens if my situation changes?   

If your circumstances or those of you ex alter significantly after a spousal maintenance order has been made, either of you can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

Can my spousal maintenance be stopped?

Yes, your spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies.

It will usually be paid for a period of time to enable you to adjust to financial independence or your financial needs are reduced, for example, when your children finish school or university, or leave home.

Is spousal maintenance the same as child maintenance?

No. Child maintenance is mandatory for both parents for children under sixteen and youngsters under twenty who are still in full time education. The amount payable is calculated in accordance with a set formula which is accessible online .  Most separated couples agree what should be paid using the calculator. If you are unable to agree then an application can be made to the Child Maintenance Service which then decides the amount.

For queries on spousal maintenance, child maintenance or any aspect of divorce and family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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By Jones Myers Solicitor, Lilly Grant

A recent divorce case in Beijing has reaffirmed the value of unpaid domestic work during a marriage – and how it should be measured in a divorce settlement.

When the couple wed in 2015, the wife was solely responsible for all non-financial contributions during the marriage such as housework and caring for their son.

In addition to a monthly settlement, the judge ordered her ex-husband to give her a one-off payment of 50,000 yuan (£5,460). This compensation for five years of unpaid domestic work is believed by some to have underestimated her responsibilities as a stay-at-home wife.   

In England and Wales, courts assess all the circumstances of a case when considering financial provision on divorce. The first consideration is always the welfare of any children involved.

Factors they take into account include the contributions each party has made – or are likely to make to the future welfare of the family. They also comprise contributions involved in looking after the home or caring for children.  

Previous rulings in England and Wales highlight how courts recognise that domestic contributions are important – and should be considered equally with the contributions of the spouse who provides the main source of income.

In Wachtel v Wachtel 1973 it was found that “…the wife who looks after the home and family contributes as much to the family assets as the wife who goes out to work. The one contributes in kind.. The other in money or money’s worth.”

Further support for domestic contribution was reaffirmed in the judgement of White v White in 2000:“There should be no bias in favour of the money-earner and against the home-maker and the child-carer.”

A landmark ruling in 2020 – described as a “critical win for gender equality in divorce” – saw the Court of Appeal overturn an original High Court judgment to award a wife and sole carer for the couple’s severely disabled child only 29 per cent of the couple’s combined wealth. 

The presiding Judge, Lord Justice Moylan said: “In this case, the wife’s enormous contribution to the welfare and happiness of the family, as the homemaker and principal carer of AB, both during and after the marriage, has been and will be incalculable.

“She has devoted herself to the day-to-day care of a child with special needs and by doing so has freed the husband to a very considerable extent to enable him to pursue the business activities which have generated the enormous wealth now available.”

The focus in this article is on cases decided by the courts as these shape the law.  However, divorce settlements do not have to be decided by the court.  Using processes like mediation and collaborative law couples can agree their own terms and obtain the approval of the court to ensure they are binding. 

Where agreement is not possible, it is worth considering arbitration which avoids going to Court. Here couples appoint an arbitrator who makes decisions for them to resolve disputes in a more flexible and less informal setting. Throughout the confidential process they also have the same arbitrator through the process which will not happen at Court with judges.

Jones Myers partner, Nicki Mitchell, is an experienced mediator and collaborative lawyer and founder, Peter Jones, was among the first UK arbitrators to qualify.  Both are able to deal with cases including complex financial and property disputes on divorce as well as the break-up of civil partnerships or disputes between cohabitating couples whose relationships have ended.

For information on divorce settlements, arbitration or any aspect of divorce or family law, call Jones Myers at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550 or visit jm2023.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce

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