The different types of spousal maintenance orders

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. This may be extendable or non-extendable. Most orders for spousal maintenance are for fixed terms to provide certainty and help the payee establish financial independence. 

Fixed term spousal maintenance with a bar (s.28(1)(a) MCA 1973) 

As well as specifying the term for which maintenance should be paid, 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”). 

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. 

joint lives maintenance orders

The court can order spousal maintenance payments to be made for the parties’ ‘joint lives’ – meaning until the payee or payer dies or remarries. Such orders have been dubbed ‘meal tickets for life’ by critics, who oppose the idea that a party should be obliged to pay their former spouse, potentially for the rest of their lives. 

Previously, spousal maintenance orders were often made on a ‘joint lives’ basis. However, in recent years there has been a marked shift away from this approach. To encourage financial independence, most orders are made on a fixed term basis.  

nominal maintenance orders

A nominal maintenance order is one requiring a party to pay a minimal sum to their spouse – in theory, this can be as low as £1 per year. This can be set for an indefinite or fixed term period. 

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. 

step down maintenance orders

The court may order spousal maintenance to be gradually reduced over time, in what is called a ‘step down’ maintenance order. 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.  

If you are considering or going through a divorce and are concerned about the level of maintenance that you or your spouse may be ordered to pay, contact Vardags today for a free initial consultation with one of our expert divorce solicitors. 

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