Spousal maintenance in mediation
Key facts
- Spousal maintenance is regular income support paid by one ex-spouse to the other after divorce.
- It is based on one person’s need and the other’s ability to pay, not on a fixed formula.
- It is increasingly time-limited, and the courts lean towards a clean break wherever possible.
- A joint lives order continues indefinitely; a term order runs for a set number of years.
- Spousal maintenance is separate from child maintenance, which supports the children.
Not every divorce involves spousal maintenance, but where one person cannot meet their needs from their own income and a share of the assets, it can bridge the gap. It is one of the more misunderstood parts of a financial settlement, partly because the courts’ approach has shifted over the years towards independence and shorter-term support.
This page explains what spousal maintenance is, how the amount and length are decided, the difference between joint lives and term orders, and why a clean break is often the goal. It sits within our guide to financial mediation. This is general information, not financial or legal advice.
What is spousal maintenance?
Spousal maintenance, sometimes called spousal periodical payments, is regular income paid by one former spouse to the other after divorce. Its purpose is to help the person with the lower income meet their reasonable needs, where a share of the capital alone is not enough. It is quite separate from child maintenance, which is for the children and is usually worked out through the Child Maintenance Service.
Spousal maintenance is only available to married couples and civil partners, not to unmarried couples. It is decided case by case, and it is not a given. In many settlements it is not needed at all, because the capital split and each person’s income are enough on their own.
How much, and for how long?
There is no fixed formula for spousal maintenance. It comes down to two things: the reasonable needs of the person who would receive it, and the ability of the other person to pay while meeting their own needs. Mediators and courts look at both budgets, taking account of earning capacity, so that a figure is set that is affordable and fair.
The amount and the length are decided together with the rest of the settlement, applying the section 25 factors. Where one person gave up a career for the family and needs time to retrain or return to work, maintenance might run for a set period. Where both can support themselves, it may not be needed at all.
Joint lives orders and term orders
There are two broad shapes to a spousal maintenance order. Understanding the difference helps you see why the courts now prefer one over the other.
| Type | How long it lasts | Typical use |
|---|---|---|
| Joint lives order | Indefinitely, until death, remarriage or a further order | Long marriages where one person cannot become independent |
| Term order | For a fixed number of years | To give one person time to retrain or return to work |
| Nominal order | A token amount, keeping the claim open | Rarely, to leave a safety net without real payments now |
A joint lives order used to be common after long marriages, but they are increasingly rare. The modern approach favours term orders that give someone time to adjust, then end.
The push towards a clean break
The law encourages financial independence. Section 25A of the Matrimonial Causes Act 1973 asks the court to consider whether a clean break is possible, so that financial ties end as soon as it is fair. Recent cases have reinforced that spousal maintenance should not be a meal ticket for life, and that the person receiving it is expected to work towards supporting themselves where they reasonably can.
In practice this means maintenance is often set for a defined term, sometimes with a bar on extending it, so both people know when it will end. Where the capital allows, couples increasingly choose to capitalise maintenance, paying a lump sum instead of monthly amounts, to achieve a clean break straight away.
Capitalising maintenance
Instead of monthly payments, the person who would receive maintenance can take a larger share of the capital up front. This buys out the future income stream and lets both people make a clean break, recorded in the consent order.
Spousal maintenance versus child maintenance
It is easy to confuse the two, but they are different. Child maintenance supports the children and is normally calculated using the Child Maintenance Service formula based on the paying parent’s income. Spousal maintenance supports the other adult and is assessed by need and affordability, not a formula. A settlement can include both, one, or neither.
Because they interact, it usually makes sense to look at them together. Mediation is a good place to do that, so the overall monthly picture is affordable for the person paying and enough for the person and children receiving.
How is spousal maintenance agreed in mediation?
In mediation you both prepare a budget as part of financial disclosure, setting out income and outgoings. The mediator helps you compare them and see whether there is a shortfall for one person and a surplus for the other. From there you can discuss whether maintenance is needed, how much, for how long, and whether a clean break is achievable now or later.
Whatever you agree is recorded in the memorandum of understanding and then made binding through a consent order. Because spousal maintenance can be varied by the court later if circumstances change, many couples prefer, where they can, to settle it once and for all with a clean break.
Spousal maintenance is provided for by the Matrimonial Causes Act 1973, which allows periodical payments orders between spouses. Section 25A imposes a duty on the court to consider whether financial obligations can end as soon as it would be just and reasonable, in other words a clean break. The amount is assessed against the section 25 factors, particularly needs and each party’s income and earning capacity. Ongoing spousal maintenance can be varied or capitalised later, unless the order provides otherwise.
Working out the amount: a budget example
Because there is no formula, spousal maintenance usually starts with two budgets. The person who might receive it sets out their reasonable monthly needs and their own income. The gap between the two is the shortfall. The person who might pay sets out their income and their own reasonable needs, and what is left is what they could afford. Maintenance, if any, sits somewhere in the overlap.
For example, if one person’s reasonable outgoings are about £2,200 a month and their own net income is £1,400, there is a shortfall of around £800. If the other person has roughly £900 a month spare after meeting their own needs, a figure of around £700 to £800 a month might be affordable and fair. These numbers are only an illustration. Real cases turn on the actual budgets, each person’s earning capacity, and the rest of the settlement.
How long does spousal maintenance last?
The length matters as much as the amount. A term order runs for a set number of years, often linked to a life event such as the youngest child finishing school, or the time it takes someone to retrain and increase their earnings. Some term orders can be extended if circumstances require; others include a bar under section 28(1A) of the Matrimonial Causes Act 1973 that prevents any extension, so both people know the end date is fixed.
Certain events end spousal maintenance automatically. It stops if the person receiving it remarries, and it ends on the death of either person unless it has been secured. Moving in with a new partner does not automatically end it, but it can be a reason to ask the court to change the amount.
Changing or ending maintenance later
Ongoing spousal maintenance is one of the few parts of a financial settlement that can be revisited. Either person can apply to the court to vary the periodical payments up or down if circumstances change, such as a pay rise, redundancy or ill health. The court can also bring maintenance to an end and replace it with a lump sum, which is known as capitalising.
This ability to change is exactly why many couples prefer certainty. A clean break, or a fixed non-extendable term, means neither of you is looking over your shoulder years later. Where the capital allows, capitalising the maintenance into a larger share now can achieve that.
The move away from a meal ticket for life
The courts’ approach has shifted over the years. Long, open-ended joint lives orders were once common after long marriages, but recent cases have stressed that a person receiving maintenance is generally expected to work towards supporting themselves where they reasonably can. The phrase often used is that spousal maintenance should not be a meal ticket for life. In practice this means term orders and clean breaks are now the norm, with joint lives orders kept for cases where independence is genuinely not possible, for example because of age or ill health.
Securing maintenance and dealing with arrears
Where spousal maintenance is agreed, it helps to be clear about how it will be paid and what happens if a payment is missed. Most maintenance is paid by standing order each month. If payments fall into arrears, the person owed them can ask the court to enforce the order, so an agreement to pay is not just a promise but something the court can back up.
Maintenance can also be secured against an asset in some cases, which means it continues even if the payer dies, though this is less common. It is also worth agreeing whether the amount will rise over time, for example in line with inflation. Building a simple annual increase into the order avoids renegotiating every year and keeps the value of the payments steady. These are points a solicitor can help with when the agreement is turned into a consent order.
After a 16-year marriage, Nina had worked part-time while Joe built his career. On separation Nina could not meet her outgoings from her own income alone. In mediation they worked through both budgets and agreed spousal maintenance for a term of five years, giving Nina time to increase her hours as their youngest started secondary school. They also agreed the term could not be extended. When the finances were revisited, they decided to capitalise part of the maintenance into a larger share of the savings, so Nina had security and both could make a clean break. It was recorded in their consent order.
Frequently asked questions
Is spousal maintenance guaranteed after divorce?
No. It is not automatic. It is only paid where one person cannot meet their reasonable needs from their own income and share of the assets, and the other can afford to pay. Many settlements involve no spousal maintenance at all.
What is the difference between joint lives and term maintenance?
A joint lives order continues indefinitely, until death, remarriage or a further order. A term order runs for a set number of years. Courts now favour term orders that help someone become independent, then end.
Can spousal maintenance be paid as a lump sum?
Yes. Instead of monthly payments, maintenance can be capitalised into a larger share of the capital. This buys out the future income and allows both people to make a clean break.
Is spousal maintenance the same as child maintenance?
No. Child maintenance supports the children and is usually set by the Child Maintenance Service formula. Spousal maintenance supports the other adult and is assessed by need and affordability.
Can spousal maintenance be changed later?
Ongoing spousal maintenance can be varied by the court if circumstances change, unless the order says otherwise. That is one reason many couples prefer a clean break where the finances allow.
Does spousal maintenance stop if my ex remarries or moves in with someone?
Remarriage ends spousal maintenance automatically. Living with a new partner does not end it automatically, but it can be a reason to ask the court to change the amount.
Is spousal maintenance taxed?
Spousal maintenance is paid from the payer’s income after tax, and it is not treated as taxable income for the person who receives it. There is no tax relief for paying it.
Can we agree to have no spousal maintenance at all?
Yes. Many couples agree a clean break with no ongoing maintenance, especially where the capital split and each person’s income are enough on their own. It is recorded in the consent order.
Sources
- Matrimonial Causes Act 1973, section 25A (clean break), legislation.gov.uk. Accessed 9 July 2026.
- GOV.UK, Money and property when you divorce or separate, gov.uk. Accessed 9 July 2026.
- MoneyHelper, Spousal maintenance on divorce, moneyhelper.org.uk. Accessed 9 July 2026.
- Matrimonial Causes Act 1973, section 31 (variation of orders), legislation.gov.uk. Accessed 9 July 2026.