Types of Spousal Maintenance Orders in the UK

What Are the Different Types of Spousal Maintenance Orders in the UK?

Spousal maintenance (also known as ‘alimony’) is a financial arrangement where a person financially supports their spouse following their divorce or separation. This may be agreed voluntarily between the parties, or ordered by the court. The purpose of spousal maintenance is to help the party meet their needs until they are financially independent and self-sufficient, and it is separate from child maintenance. 

There are several types of spousal maintenance orders in the UK, each tailored to different circumstances, namely:

• Fixed term spousal maintenance orders
• ‘Joint lives’ maintenance orders
• Nominal maintenance orders
• ‘Step down’ maintenance orders.

1. fixed term spousal maintenance orders

As the name suggests, a fixed term spousal maintenance order provides for payments to be made for a specified period. It may be:

• Extendable: The recipient can apply to extend the term.
• Non-extendable: The court can prevent the payee from applying to extend the fixed term by providing a bar to extension under section 28(1)(a) of the Matrimonial Causes Act 1973 (also known as “non-extendable term”). 

These orders are common and aim to encourage financial independence. If no bar is included, the recipient may apply to extend the term before it expires. Courts will assess whether the original purpose of the order has been fulfilled.

If there is no express bar to an extension, fixed term maintenance orders can be extended beyond the end of the term specified in the order in certain limited circumstances. The application to extend must have been made before the expiry of the original term of the maintenance. The test to be applied on an application to extend the maintenance term is not certain. In Fleming v Fleming [2003], the court found that “exceptional circumstances” had to be shown in order to justify an extension of the term. However, in McFarlane v McFarlane [2009] the judge said that this was not the test and instead, the court must consider, as one of the circumstances of the case, whether the purpose of the original maintenance order had been fulfilled. In any event, the burden remains on the payee of the maintenance to show why their maintenance should be extended beyond the original term envisaged. 

2. joint lives maintenance orders

A joint lives order continues until either party dies or the recipient remarries. These are less common today and often criticised as “meal tickets for life.” Courts now prefer time-limited support unless the recipient is unlikely to become financially independent (e.g. due to age, health, or caregiving responsibilities).

3. nominal maintenance orders

A nominal order sets a symbolic payment (e.g. £1 per year) to preserve the recipient’s right to apply for substantive maintenance in the future. It’s often used when:

• The recipient doesn’t currently need support
• But may in the future (e.g. due to childcare responsibilities)

The purpose of this is to ‘keep the door open’ to the court, as either party can apply for the court to vary the amount if their financial circumstances change. This provides a safety net for parties who may be able to support themselves at the time of hearing but could face financial hardship later down the line. As such, a nominal maintenance order may be made where the parties share children, whose welfare could potentially suffer if the parent they live with struggles to provide for themselves after the final order. 

3. step-down maintenance orders

A step-down order gradually reduces the amount of maintenance over time. It reflects the expectation that the recipient will increase their income or reduce their needs. These orders are often used in:

• Career transition periods
• Situations where the recipient is retraining or re-entering the workforce

For example, the court may order the party to pay their spouse £20,000 for the first five years, which would then be reduced to £10,000 for a further five years. This approach aligns with the court’s goal of helping a party reach financial independence without causing undue hardship, by slowly easing the payee into self-sufficiency.  

Learn more about spousal maintenance and how it is calculated by reading our guide here.

Our expert divorce solicitors can help you understand your rights and secure a fair maintenance arrangement. Whether you’re seeking support or responding to a claim, Vardags is here to help.

BOOK FREE CONSULTATION

Frequently Asked Questions

Q: What is the most common type of spousal maintenance order?

A: Fixed-term orders are most common, as they promote financial independence.

Q: Can spousal maintenance be changed later?

A: Yes. Orders can be varied if there’s a significant change in circumstances.

Q: Does spousal maintenance end if I remarry?

A: Yes. Maintenance automatically ends if the recipient remarries or either party dies.

Q: What if I need support in the future but not now?

A: A nominal order may be appropriate to preserve your right to claim later.