What is Spousal Maintenance?
Spousal maintenance is a court-ordered payment made by one spouse to another after a divorce on an ongoing basis, often monthly.
Some may refer to it as alimony, which is an Americanised term.
This is different than child maintenance, which is a duty to pay towards the outgoings of a child if you are a non-resident parent.
There are three types of spousal maintenance:
- Joint Lives Maintenance – This continues until either party passes away, the receiving party remarries, or a further court order is made.
- Term Maintenance – This is awarded for a fixed number of years, which can be extended by court order.
- Term Maintenance with a Bar – Similar to term maintenance, the receiving party cannot apply for an extension once the set period ends.
Spousal Maintenance FAQs
How is spousal maintenance calculated?
Spousal maintenance is calculated by reference to needs (i.e. what you need on a monthly or annual basis to be able to live) and means (i.e. earning capacity).
In calculating your needs, the court will often take into consideration the standard of living during the marriage.
Is spousal maintenance taxable?
No it is not classed as taxable income.
When do spousal maintenance payments start?
Spousal maintenance starts after divorce. Before the divorce is finalised, there can be the opportunity to receive maintenance pending suit, which is essentially an interim order for spousal maintenance.
When do payments end?
Spousal maintenance can be for a fixed term or for the entire lives of the parties (i.e. until either the payer or payee dies), subject to the order of the court.
There can be other trigger events also, like state retirement age.
What if I cannot keep up with the payments?
Maintenance orders can be varied upwards or downwards depending on changes in circumstances, like illness, redundancy or a reduction in income. This should be done through an application to the court, which can be made by either the payer or payee.
If circumstances change to the extent that you cannot maintain your ex-spouse, an application can be made to court to terminate the maintenance order.
What if my ex-spouse does not pay on time?
You can apply for enforcement of a maintenance order if your ex-spouse is not paying the correct amount or is falling into arrears. The court has ways of ensuring that payment is made in future. This could lead to an attachment of earnings order for instance, whereby the employer of your ex-spouse will deduct the amount due to your ex-spouse’s salary.
Our Spousal Maintenance Service
- Expert Legal Advice – Clear and pragmatic guidance on your entitlements or obligations regarding spousal maintenance.
- Alternative Dispute Resolution (ADR) – Helping you reach fair agreements without the need for court proceedings.
- Court Representation – Providing robust legal support if court intervention is necessary.
- Variation and Enforcement – Assisting with proposed reductions or increases to existing maintenance orders and ensuring compliance with court orders.
- Termination of a Spousal Maintenance Order– Advising on when and how payments can be stopped based on changes in circumstances.
- Financial Assessments – Evaluating parties’ income, assets, and financial needs to achieve a fair outcome.
- Tailored Solutions – Providing personalised advice based on your specific circumstances.
Why Work With Our Family Team?
- Our specialist family law solicitors are experts in complex, high-value divorce, and family disputes.
- Our family law solicitors are recognised by the Legal 500 and Chambers and Partners UK Guide.
- Our family team are all members of Resolution, the largest organisation of family lawyers in the UK, and are dedicated to dealing with matters in a non-confrontational and constructive way.
- Our team were shortlisted for the family law firm of the year (North) and financial remedies team of the year (National) at the Lexis Nexis Family Law Awards 2022.
- Our team work closely with other departments internally, including property, employment, corporate and commercial lawyers, to ensure that your financial needs are protected comprehensively.
- We provide a partner-led service to ensure you receive the very best legal advice and support for your family law issues.
- We have a large team of expert solicitors and can meet your deadlines.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently. Geographical distance is no bar to us from providing excellent client service.
- We provide regular legal updates via our blogs, social media and local radio appearances.
- Look at the Myerson Promise for further benefits of working with us here.
- With our MSI Global Alliance Membership, we can connect you to trusted advisers in 100+ countries who can provide international legal advice for individuals and families.
- We assist families throughout England and Wales, with strong local expertise in Cheshire, Altrincham, and Manchester.
When you call our Family team, you will speak directly to a solicitor who can give you clear, informed advice from the outset. At Myerson, we pride ourselves on being accessible, approachable, and responsive, making sure you get the support you need when you need it most.
Testimonials
Mr S, Warrington
I found Jane Tenquist to be both very knowledgeable, professional and easy to relate to. I would have no hesitation in recommending Jane or Myerson.
Vinutha S.
I am thankful to Jane Tenquist and her team with special mention to Brittany Rodwell for their professionalism. Their advice, care and guidance was immense and was a blessing in disguise which helped me to get through the dark moments of my life. All along they briefed me on what to expect and how things will proceed. They were supportive and reassuring and addressed my stressful concerns in time.
Legal 500, 2027
An extremely strong team outside the city centre. Jane Tenquist is a fabulous team leader, and the team is committed to NCDR wherever it works for clients. A bright and able family law team.
Legal 500, 2027
Jane Tenquist is a superb department head. Sarah Whitelegge, Nichola Bright, and Joe Ferguson are strong lawyers with exceptional client care skills.
Legal 500, 2027
Kind, caring, strong, and professional.
Legal 500, 2027
I think this firm has a unique family team. Although they are professional and will always try to get the best for their clients, they are also empathetic and caring and will be realistic with their clients, always managing expectations.
Mrs T
It was so wonderful to meet the Myerson Family Team. The whole experience felt relaxed and completely free from pressure, and everything was explained clearly and in layman’s terms, which was incredibly important to me during such a difficult time. I left feeling truly heard and respected, not just like another case in a system. Brittany made me feel seen as a person, and that meant everything to me.
Mr. H
Fantastic service from Sarah Whitelegge and Nichola Bright. Both highly knowledgeable, experienced and approachable dealing with all queries and concerns in a timely and professional manner.
Mrs P., Northwich
Jane Tenquist remained calm and determined throughout. Her professionalism and knowledge of divorce law is beyond reproach. Jane gave me support at a time when I needed it most and from that the strength and confidence to fight for what was rightfully mine. I am very grateful to Jane and I would not hesitate in recommending her to anyone who is in need of a Divorce Lawyer.
M A, Urmston
From start to finish everything done by Myerson was perfect. Nothing was any trouble, no matter how many times I contacted them over matters.
Mr L.
Did not have any issues that I had not thought had been dealt with efficiently or effectively. Would recommend to others.
Miss W., Altrincham
The Solicitors at Myerson were really helpful and dealt with my case really quickly. They kept me updated throughout and the whole process was very smooth, thank you!
Mr P., Stretford
It’s been a pleasure working with you. Your approach has been a breath of fresh air.
Mrs F., Altrincham
Very friendly professional service shown at all times. It made a huge difference to see a smile greeting you at those meetings; and a friendly voice on the end of a phone when your world seems to be crumbling around you.
Mr F, Heald Green
Excellent service. I would not hesitate in recommending Myerson. Nichola Bright was outstanding! Nothing was too much trouble for her.
Mr J., Rixton
Myerson Solicitors conducted my business in a highly professional manner. I was consistently kept informed of progress and any questions I had were answered in a timely manner.
Legal 500, 2021
An excellent matrimonial department within a larger firm, enabling the matrimonial team to harness advice on commercial matters in the drop of a hat.
Mr D, Knutsford
An outstanding service with thoughtful and relevant advice given throughout. Highly recommend.
Mrs F, Altrincham
I would certainly recommend Nichola Bright. She showed empathy and understanding throughout the whole process. She is a very professional and caring solicitor.
Mrs S, Liverpool
I went to Myerson and I could not have found a better, and more welcoming firm of solicitors. As well as their professionalism, Myerson offer charming surroundings, enhanced by friendly and helpful reception staff.
Legal 500, 2021
The team is headed by Jane Tenquist; her ability to listen, knowledge of this area of law, deciphering relevant key information critical to the matter and progression is highly commendable. Jane’s team are equally strong in these skills and together they work excellently. As a client I have felt to be in a very safe set of hands and I say thank you for your hard work.
Legal 500, 2021
As a client of the practice I have experienced positive and practical guidance from my first introduction. Filing for divorce following 35 years of marriage was a very traumatic life event but I have been supported and guided throughout the whole process. My wishes were listened to and then legal advice given provided as to my various actions.
Legal 500, 2021
They have an approachable, honest manner that is supported by extensive knowledge and experience. Nichola Bright offers her clients the feeling of confidence in her advice as well as her understanding and appreciation of the challenges they are facing. She has the human touch that is so valuable to clients.
Legal 500, 2022
They ensure that relevant experts are brought into the process when matters are outside the remit of the lawyers. This ensures clients get the best possible advice.
Legal 500, 2022
The individual team members are thorough in their approach to dealing with client enquiries and fully understand the need to ensure outside experts like myself are brought into the process when required. This gives clients the reassurance that all avenues have been explored when dealing with their case.
Jill
A complex and challenging case. However, Gemma constantly eased our anxiety and worries with her sound advice and calm, swift responses to our endless queries. She was always very professional and knowledgeable, able to explain clearly and concisely in both legal terms and layman's terms when we struggled to understand some of the complexities of the case. Always friendly and approachable, I would recommend her in a heartbeat. As a company they were very fair with their fees for which we are very grateful. A great service all round.
I wanted to extend a heartfelt thank you for the unwavering support and assistance you've provided thus far in handling my case. Today, our barrister delivered an outstanding performance, which fills me with optimism that we will continue to persevere with this level of dedication until the conclusion. Your assistance has been invaluable to me, especially during times of mental strain. Your unwavering support has truly made a significant difference.
Mr. Ahmad
I want to express my sincere thanks to Jane for her outstanding legal representation and unwavering support throughout my divorce and financial settlement case. Her expertise, diligence, and dedication were instrumental in achieving a favourable outcome.
Irfan
I cannot express enough gratitude for Jane Tenquist and her exceptional team at Myerson. During one of the most challenging periods of my life, they provided invaluable legal counsel and unwavering support. Ms Jane Tenquist is not only a brilliant legal mind but also an incredibly compassionate and understanding individual. She approached my divorce and financial settlement case with a keen eye for detail and a strategic approach, ensuring I received the best possible outcome. Her ability to navigate complex legal matters with ease and clarity was truly impressive.
Mr. C
Thank you so much – Jane and her team's support, professionalism and thoroughness throughout the last year has been superb.
Liam Kelly, Barrister, Deans Court Chambers
I have found Joe's management of this case…exceptional and well beyond his years. There have been some knotty issues in this matter…and his ability to cut through them and see the bigger picture is a credit to him.
Mr D
I would like to thank Nichola, and the family team, for all the guidance and support you provided to me during a very difficult time. This was much appreciated.
Meet Our Family Solicitors
Home-grown or recruited from national, regional or City firms. Our family lawyers are experts in their fields and respected by their peers.
Contact Our Spousal Maintenance Lawyers
Here at Myerson, our Family Team often deal with cases involving spousal maintenance and are expertly placed to be able to assist. If you have any queries, please do not hesitate to contact them on:
01619414000
More Spousal Maintenance Advice
Variation of spousal maintenance
The Supreme Court has considered an application to vary a periodical payments order (otherwise known as spousal maintenance) in the recent case of Mills v Mills [2018] UKSC 38. The parties had been married for 13 years and had one child. They had enjoyed a good standard of living during the marriage, largely due to the husband’s financial...
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Fed up With Paying Spousal Maintenance? What Can You Do?
A Spousal maintenance order, also known as a periodical payments order, is an obligation for one party to pay the other a sum of money on a weekly or monthly basis. If the court grants a spousal maintenance order, it will need to determine whether to grant a joint-lives order or if it is more appropriate to impose maintenance for a defined...
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Can I Apply for Spousal Maintenance?
Spousal maintenance can also be referred to as a periodical payment order. One party must pay the other spouse/civil partner a sum of money on a weekly or monthly basis. Whilst there is an expectation in the eyes of the court that both parties...
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How Much Spousal Maintenance Can I Claim On Divorce?
Spousal or civil partner maintenance is also known as a periodical payments order. This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the order. Whilst there is an expectation in the eyes of the Family Law courts that both parties will...
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Debunking the Spousal Maintenance Myth: A Clearer Perspective
There is a popular misconception that the payer needs to pay spousal maintenance pursuant to a joint lives order until the death, remarriage or cohabitation of his or her ex-spouse. Historically, joint lives orders were made to protect the financially weaker party post-divorce when there was sufficient uncertainty surrounding the ability of the...
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