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Maintenance Pending Suit

When divorcing, your spouse is under a duty to maintain the financial status quo. If they have supported you financially, this means that such support should continue.

If your spouse does not do this voluntarily, or if you have new expenses which you cannot cover, then it may be necessary to apply for maintenance pending suit. Under an MPS order, your spouse will be required to make monthly payments towards your living costs.  The amount you receive will depend on your circumstances, but the court will want you to be able to meet your expenses and will be aware of the standard of living you enjoyed during the marriage.

If you spouse has unreasonable refused to meet your expenses and has not willingly negotiated then you may also be awarded the costs of making this application.

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.