Maintenance Pending Suit ======================== [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 4th August 2025 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](https://vardags.com/contact "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](https://www.judiciary.uk/wp-content/uploads/2022/07/Rattan-v-Kuwad-Judgment.pdf), 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. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Guides -------------- [Financial Dispute Resolution (FDR)](https://vardags.com/law-guide/financial-proceedings/financial-dispute-resolution "Financial Dispute Resolution (FDR)") [First Directions Appointment (FDA)](https://vardags.com/law-guide/financial-proceedings/first-directions-appointment "First Directions Appointment (FDA)") [Form D11 Interim Order Application](https://vardags.com/law-guide/financial-proceedings/form-d11-applying-for-an-interim-order "Form D11 Interim Order Application") [Legal Services Payment Order](https://vardags.com/law-guide/financial-proceedings/legal-services-order "Legal Services Payment Order") Glossary Reference ------------------ ### Maintaining the financial status quo Parties are required to keep financial arrangements, for example paying housekeeping money or credit card bills, the same as they were prior to the divorce. ### Maintenance pending suit (MPS) Maintenance paid by one party to another during the course of proceedings. 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. AUTHOR ------ Ayesha Vardag "Britain's top divorce lawyer" Ayesha Vardag rose to fame for winning the landmark Supreme Court case of Radmacher v Granatino in 2010, changing the law to make prenuptial agreements legally enforceable in England and Wales. The founder and President of Vardags, Ayesha specialises in high-net-worth divorce, often with an international... [READ MORE](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag") What our clients say -------------------- Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Knowledgeable, respectful and empathetic service and team. Michelle Ravden Beyond the direct legal work they were extremely knowledgeable and creative in coordinating with other service providers when required, which was key in securing a fair financial result and, more importantly, maintaining my... parental relationship with my young children during the divorce proceedings and beyond. Throughout the whole process they never lost sight of the best long term outcome, whilst always staying on top of procedure and providing flawless execution. I highly recommended them! Heinz-Peter Stohl I would, without hesitation, recommend Vardags if you want a highly professional and compassionate legal team to get you to the outcome you desire. J Rourke Vardags were outstanding throughout my divorce. They were incredibly supportive from the very first meeting & when my mother passed away a month into the proceedings they were so kind & understanding. Amanda Allen OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)