Spousal maintenance remains one of the most misunderstood areas of family law. When a relationship ends, it is normal for separating spouses to feel anxious about how they will manage financially, particularly where one person has had a lower income, career breaks, or childcare responsibilities. At Ison Harrison, our family law team regularly provides legal advice to clients across Yorkshire on their rights, entitlements and options.
Spousal maintenance is not awarded in every divorce case, but where it is appropriate, it can provide essential financial stability at a challenging time. This article explains when the courts become involved, what factors they consider and how long payments may last.
Assessing need and ability to pay
The starting point for any spousal maintenance assessment is a clear understanding of each spouse’s financial needs and their ability to meet those needs. The purpose of spousal maintenance is to help the financially weaker spouse meet reasonable monthly outgoings, not to equalise incomes.
The court considers:
- Each spouse’s monthly budget and essential expenditure
- Income from employment, benefits, or investments
- Whether one spouse has sacrificed career progression for childcare or family commitments
- The lifestyle enjoyed during the marriage and the feasibility of maintaining it
It is common for one spouse to have taken extended time away from work to raise children and may therefore require time and support to rebuild their career and earning capacity.
Earning capacity and future prospects
The court does not only look at current income; it assesses what each party could be expected to earn in the future. This includes:
- Qualifications, work history and skills
- Health and childcare responsibilities
- The realistic timeframe needed to re‑enter the workforce or retrain
Where a spouse’s immediate earning potential is limited, but they have good prospects longer term, the court may order the other spouse to pay maintenance for a fixed period while they become financially independent.
How long does spousal maintenance last?
There is no automatic rule on duration. Orders fall into two broad categories:
Term Orders
Term orders last for a set period, for example, five years, and may either be extendable or non‑extendable. They are often used where the spouse receiving the payment needs time to re‑establish financial independence.
Joint Lives Orders
These continue until either spouse dies, the receiving spouse remarries, or the court varies the order. These are now far less common and are usually reserved for long marriages where one spouse cannot realistically achieve independence due to age, health or limited employment history.
The key principle is fairness. The court aims to strike a balance between meeting needs and encouraging future financial independence.
Applying to vary or end maintenance
Circumstances change and the law recognises this. Either spouse can apply to vary an existing order where there has been a significant change, such as:
- A substantial increase or decrease in earnings
- Redundancy or ill health
- Cohabitation or remarriage
- Changes in childcare arrangements
The court will review the updated financial positions and decide whether maintenance should go up, down, or end completely.
If you are receiving payments that no longer meet your needs, or paying maintenance that is no longer affordable, early legal advice is essential.
How Ison Harrison can help
Our experienced family law solicitors provide clear, practical advice tailored to your circumstances. If you are considering or are in the midst of a divorce, whether you are seeking maintenance, defending a claim, or looking to vary an existing order, we can help you understand your rights and achieve a fair outcome.
We offer supportive, empathetic guidance at every stage and act quickly to protect your financial position. In our experience, early advice can make a difference.
For confidential advice, contact the Private Family Law team at Ison Harrison today on 0113 284 5000 or email family@isonharrison.co.uk.
