Spousal support lawyers

Who is entitled to spousal maintenance?

There is no automatic entitlement to spousal maintenance. Whether a claim is likely to succeed depends on the specific circumstances of the case.

Only married couples and civil partners, or former spouses and civil partners, can apply for spousal maintenance in England and Wales. Cohabiting couples, regardless of the length of their relationship, do not have the same rights.

Where a claim can be made, the court will assess a range of factors under Section 25 of the Matrimonial Causes Act 1973 to determine whether maintenance is appropriate, and if so, in what amount and for how long. These include:

• Income and earning capacity: What each party earns or could reasonably earn, taking into account their qualifications, work history, and any steps they could take to increase their income
• Financial needs and obligations: Each party’s reasonable outgoings and commitments
• Standard of living during the marriage: The lifestyle the couple shared, which provides a reference point, though the court recognises that separation will usually result in reduced resources for both parties
• Length of the marriage: Longer marriages are more likely to give rise to maintenance claims, particularly where one party’s career or earning potential was significantly affected
• Contributions to the family: Including non-financial contributions such as caring for children or managing the household
• Age and health: Where age or ill-health affects a party’s ability to work and support themselves

Either spouse can make a claim, regardless of gender. The court’s primary aim is to achieve fairness between the parties, while also encouraging financial independence as soon as it is just and reasonable to do so. Where a clean break (a full financial separation with no ongoing payments) is achievable, the court is duty-bound to consider it.

If you are unsure whether you have grounds for a spousal maintenance claim or how you might respond to one, speaking with a specialist lawyer early is the most effective step you can take.