What is spousal maintenace (alimony) in divorce? ================================================ [Ayesha Vardag](https://vardags.com/solicitors/ayesha-vardag) | Founder & President | 23rd July 2025 Whilst not applicable to all cases, an important financial consideration following divorce is whether payment of spousal maintenance is necessary, and if so, the [appropriate level and 'term' (i.e. length)](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-different-types-of-spousal-maintenance-orders) of those payments. what is spousal maintenance? ---------------------------- Spousal maintenance refers to a financial arrangement where a person makes regular payments to their former spouse or civil partner. It is different to [child maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/child-maintenance), as its sole purpose is to meet the financial needs of the former spouse. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") How is spousal maintenance calculated? -------------------------------------- There is no specific formula to determine the amount of spousal maintenance payable. The court will determine whether spousal maintenance should be awarded, and if so, the amount to be paid and for how long. This will be decided based on the specific facts and circumstances of each case. The court's overarching aim is to achieve fairness, and consideration will be given to the listed factors under s.25 of the Matrimonial Causes Act 1973 and the court's guiding principles. Particular focus will be on the parties' needs, which may be generously valued, and their ability to pay. The courts are required to consider whether a 'clean break' can be achieved. As such, a lump sum will be preferable to spousal maintenance in many cases. However, many parties suffer a reduced earning capacity following a marriage, particularly those in longer marriages. Whilst the court encourages parties to reach financial independence, they do not wish to cause undue hardship to one party. For example, a party may take a career break to support the couple's children, reducing their earning capacity compared to their spouse. In these circumstances, spousal maintenance will probably be ordered. By contrast, spousal maintenance may be less appropriate for short, childless marriages. Generally, the court now sees spousal maintenance as temporary support to help a party reach financial independence, rather than a 'meal-ticket for life'. As such, if the court makes an order for spousal maintenance, they will usually do so envisioning it to end once the payee can support themselves financially. Spousal maintenance will automatically end if the payee remarries or enters into a civil partnership, or if either party dies. Will I have to pay spousal maintenance? --------------------------------------- Spousal maintenance will usually only be appropriate where one party is unable to meet their needs from their own income and resources. Income needs are assessed with reference to the standard of living enjoyed by the parties during the marriage. In some cases, needs will be assessed generously to compensate the payee for their contribution to a marriage, often to the detriment of their own career and subsequent earning capacity. Orders are more likely following long marriages, where the payee is the primary carer for dependent children, and where a payee has a limited or no earning capacity, or is unable to work due to ill-health. How does the court decide whether to order spousal maintenance? --------------------------------------------------------------- There is no automatic entitlement to spousal maintenance upon divorce. However, it will typically be paid where one party is significantly financially stronger, and the other requires some form of regular financial support after the divorce. In deciding whether to make an order for spousal maintenance, and if so, for how long, the court will consider the specific circumstances of the case and come to a decision based on various factors. ### Duration of spousal maintenance When considering orders for spousal maintenance, the court is obliged to consider how long those payments should subsist. The court has a wide discretion in this respect, and can make orders either for the 'joint lives' of the parties (i.e. until the death of either party), or for a limited term, usually expressed in years, linked to the length of time the payee requires to adjust, as soon as just and reasonable, to financial independence. Spousal maintenance payments will terminate automatically upon a payee's remarriage. Where a term of maintenance is required, in deciding the most appropriate duration, the court will consider whether, and when, the payee will be in a position to adjust to financial independence without undue hardship. This is case specific, and can be influenced by the ages of any minor children for whom the payee has primary care, the length of the marriage, and the time required for the payee to re-train and/or re-enter the job market. ### Clean break The court is also under a duty, on a case-by-case basis, to consider whether a 'clean break' is appropriate, i.e. the financial obligations of each party towards the other terminate as soon as just and reasonable after the grant of decree absolute, which dissolves the marriage. If a clean break is appropriate, there will either be no spousal maintenance, or spousal maintenance will be limited to a term. A clean break is more likely to be appropriate in cases involving a short marriage, where both parties have reasonable earning capacities (whether prospective or actual), and/or where the parties'respective income needs can be met from capital. ### Capitalising spousal maintenance Whilst spousal maintenance payments are usually made monthly, in cases involving substantial capital assets, it may be possible to 'capitalise' a term of maintenance. In such cases, the court has the power to order a lump sum of additional capital, in satisfaction of a spousal maintenance order, to achieve a clean break. Varying spousal maintenance payments ------------------------------------ Spousal maintenance orders are unique in that they are [capable of variation](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/varying-spousal-maintenance) (upwards or downwards) if there has been a significant change in circumstances on the part of either party, and either party may apply. Unless an order contains specific provision that a term is non-extendable (known as a 'section 28(1A) bar), a payee may also apply for the extension of a term of maintenance if they have "exceptional justification" to do so. why choose Vardags? ------------------- Vardags work exclusively with [high and ultra-high net worth clients](https://vardags.com/law-guide/the-ultimate-guide-to-high-net-worth-and-ultra-high-net-worth-divorces), tailoring our approach to achieve the most favourable outcome on a case-by-case basis. We have vast experience acting for payers and payees. Alongside our in-house forensic accounting team, we are able to assist with evaluation and assessment of income streams, and mount and defend arguments in relation to contributions and the analysis of income/budgetary 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 -------------- [Capitalising child maintenance: commutation lump sum](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/capitalising-child-maintenance-commutation-lump-sum "Capitalising child maintenance: commutation lump sum") [Types of Spousal Maintenance Orders in the UK](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-different-types-of-spousal-maintenance-orders "Types of Spousal Maintenance Orders in the UK") [Varying spousal maintenance](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/varying-spousal-maintenance "Varying spousal maintenance") Glossary Reference ------------------ ### Alimony An American term for maintenance. ### Section 28 1 (a) bar Made under Section 28 1 (A) of the Matrimonial Causes Act 1973, this a bar prevents a maintenance term from being extended. ### Spousal maintenance Payments made by the higher earning spouse to their ex-partner, after the breakdown of their marriage. 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 -------------------- Vardags is among the most effective, efficient, and successful group of solicitors I have encountered. They sit at the top table of skill and innovation in family law. They were remarkably caring and attentive to me during a... difficult period. When my position looked bleak, they protected me with a creative defense based upon legal precedent which I never imagined existed under English law. Thanks to their tireless efforts, I walk away from this episode free to move on with both my career and my life in peace. You may find good or even great lawyers, but based on my personal experience, they are the best. Cliff Krause I cannot thank Gareth, Kate, Claire and all the team at Vardags enough for their excellent expertise and professional approach to my divorce case. They have helped me reach a successful conclusion to a process to which I could... see no end. The last three years have been the most traumatic of my life. Their calm and thorough approach and attention to detail reassured me that I was in the best capable hands.They gave me realistic expectations but yet exceeded them. They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini The Vardags Teams are incredible! The level of customer service just and simply stunning. At difficult times what is important as a customer is to feel heard and Vardags has the ability to do that! Their work is impeccable and... that is the reason why the outcome they get with and for you is the best possible at all times. Mariette Terrisse Hilborne Vardags provided excellent support to my case, which had a complicated international, cross-jurisdiction component. Within the team, Maria Fiorito was also excellent and very supportive, and was able to effectively liaise with... the Italian team of lawyers. I would recommend both Vardags and Maria Fiorito for your case. BR Brunello Rosa The review itself is not so much about the Firm but about a singular solicitor who I had the absolute pleasure to have as my solicitor in what I can only describe as the hardest time in my life! her name is Amie Pine. Matt Ballard I had the pleasure of working with Tatiana Amdur during a very challenging time in my life, and I cannot recommend her highly enough. From our first consultation, Tatiana displayed a remarkable blend of professionalism, empathy,... and expertise. She took the time to understand the intricacies of my case and provided clear, actionable advice that was always in my best interest. Alexandra Gutina 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)