How is Spousal Maintenance Calculated?

Spousal Maintenance is a financial and legal obligation which tends to support a lower earning spouse after the divorce/dissolution of the civil partnership has concluded.  It is sometimes referred to (outside of the legal representatives), as spousal support or alimony (if American). Essentially it provides necessary financial assistance, until a certain date, event, or when the benefitting spouse can become financially independent.

Understanding how spousal support is calculated can help you and your former partner navigate this aspect of divorce with clarity and fairness and hopefully assist you in reaching an agreement.

Where do I start?

The first step in calculating “how much” should be paid is to assess your family’s individual circumstances.  It is of particular importance that full and frank disclosure of your respective financial positions are disclosed with confirmation of your income and capital needs.  Sources of income, include all income received which includes (but not limited to) your employment, bonuses and any interest paid from bank accounts.

It would then be useful for you and your ex- partner to discuss your monthly expenditure.  It would be somewhat helpful to put 2 columns together, one based on your current monthly outgoings and the second based on your future outgoings, taking into account potential future payments for rent/mortgage, single persons council tax, utility bills and even amazon prime and Netflix memberships.  You will be able to see how your separation will change your income needs. Our experts will be able to help you prepare a comprehensive monthly expenditure form setting out your current and future outgoings.  This would form the foundation for positive discussions around maintenance and whether it is necessary.

Do I have the right to Spousal Maintenance?

While spousal maintenance is not an automatic right, it will be considered when there is a disparity between incomes and future needs, taking into account factors, such as the length of the relationship (as well as any time you cohabitated), the standard of living enjoyed, your health, age and earning capacity.   If you cannot agree with your ex-partner as to whether maintenance should be paid or how much, the court will decide this for you.  It will also provide terms of payment i.e. when, how much, and the duration.

Unfortunately, spousal maintenance does lack some formal guidance to litigants in person and the term “needs” can be a rather contentious point, especially if you are not legally trained.  However, it is important to understand that there is no exact figure or percentage, that must be paid and each case will be considered on it’s merit, and there is absolutely no guarantee that the lower earning spouse be awarded maintenance.  The reasoning for this is due to the fact that every family and relationship is different and has its own unique set of needs

For how long can Spousal Maintenance be paid?

Some consideration will need to be given as to how long the spousal maintenance should be paid.  While it is possible for maintenance to be paid for life, this would be unusual.  In most cases, an award would be for a fixed term with a clearly expressed date or event that would cease payments.  For example, you may agree to support your ex-partner until the youngest child of the family finishes secondary education. This may then allow for your ex-partner to work additional hours, increasing their monthly income.  It can also be paid for a very short period, say 1 year to enable the beneficiary of the payments to become financially independent.

A lot of emphasis is placed on negotiation and reaching an agreement in respect of how much should be paid, when it should be paid and when should it stop.  Our experts can negotiate on your behalf or if you fail to reach an agreement, the court will decide based on what it deems to be fair, taking into account the facts and needs of the case.

The above alludes to an agreement following a divorce or the dissolution of a civil partnership, but there is a form of spousal maintenance which can be paid prior to the divorce being financialised.  This is known as maintenance pending suit (MPS)or interim maintenance. This is a form of financial support in which one party can seek from the other during the proceedings. MPS can be ordered to be paid by the court if an agreement cannot be reached.  The court will determine the level of maintenance necessary to meet the lower-earners basic living costs while proceedings are ongoing.

Article Dated 31/03/2025