Maintenance Pending Suit

What is maintenance pending suit?

An order for maintenance pending suit (also called ‘interim maintenance’) requires a party to provide temporary financial support to their spouse during divorce proceedings, until a final order has been made by the court. 

An application for maintenance pending suit cannot be made if financial remedy proceedings have not been initiated.  

Divorce proceedings can impose a financial burden on the financially weaker party of the marriage, particularly when the assets are controlled by the other party to the marriage. 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. 

Under an order for maintenance pending suit, 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’re considering or going through a divorce and require interim support for your living costs, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

BOOK FREE CONSULTATION

When will maintenance pending suit be awarded?

Under section 22 of the Matrimonial Causes Act 1973 and Schedule 5 of the Civil Partnership Act 2004, the court has the power to order interim maintenance as it thinks is “reasonable”. The case TL v ML [2005] EWHC 2860 set out the following guiding principles: 

• The sole criterion is ’reasonableness’, which is synonymous with ‘fairness’. 

• The parties’ standard of living during their marriage will be an important factor in determining fairness. However, the court is not obliged to replicate this standard of living. 

• An application should set out a specific MPS budget excluding capital or long-term spending, which should be left for consideration at the final hearing. The court will examine this budget critically. 

• The court can make “robust assumptions” about a party’s ability to pay where they have been deficient in their disclosure.  

• Where the paying party has been supported financially by a third party historically, the court may assume that the third party will continue doing so until the final hearing.  

Furthermore, the court has discretion as to whether payments should be backdated to the date of the petition for divorce.  

In Rattan v Kuwad [2021] EWCA Civ 1, the court acknowledged that for most couples, the resources available will be insufficient to maintain the “marital standard of living” for two households. Despite this, this standard will still be considered. The court also held that the purpose of maintenance pending suit is to meet a party’s immediate needs.