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Money · maintenance

Spousal maintenance, or alimony in the UK

Spousal maintenance, called "alimony" in some other countries, is regular money one former spouse or civil partner pays the other[1][2]. The court calls it periodical payments[3]. There is no set formula: it depends on needs and what the payer can afford, and the court must consider whether it can end[3][4].

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Unlike child maintenance[3]
Ends it automatically[5]
To a first hearing on a maintenance-only claim[6]
Form A fee if the court decides[7]

01/ What it is

What spousal maintenance is

Spousal maintenance is money paid to a former spouse or civil partner for their own benefit, rather than for the children[5][3]. It is paid on top of any child maintenance, and Citizens Advice says you can ask for it as soon as you separate[2]. On divorce the court can order one of you to make periodical payments to the other, to secure them, or to pay a lump sum[8].

It is only for people who were married or in a civil partnership: you cannot get spousal maintenance if you were not[9]. Citizens Advice says you normally will not qualify if you were married in the UK under Islamic law only, without a civil marriage[2].

Child maintenance is separate: it can be arranged privately or through the Child Maintenance Service, and the court deals with it only in limited cases, such as a consent order[10][11]. See child maintenance.

02/ Types of order

The kinds of maintenance order

Maintenance can be ordered at different stages and for different lengths of time[12][5].

Maintenance pending suit covers the period from the divorce application until the case is decided[12]. You can apply for it, or for interim periodical payments, at any stage of the financial proceedings[6]. It cannot include money for legal costs; that needs a separate order for legal services[12][6].

03/ Whether

Will there be maintenance at all?

The Family Justice Council says the court asks three questions: should there be an order at all, how much, and for how long[3]. The aim is a clean break where possible, and the court expects both of you to contribute to your own needs so far as you can[3].

It gives these examples[3]:

  • If one parent stays home with the children, or works part-time because of childcare, the other is likely to be ordered to pay.
  • After a long marriage where one person has not worked for many years, an order is likely.
  • Where both work but one earns much less and cannot support themselves, an order is likely to cover the shortfall.
  • Where both work and earn similar amounts, no order will be made.

In deciding, the court has regard to the section 25 factors, including income, earning capacity, needs, the standard of living, age, the length of the marriage and contributions to the family[15]. See financial settlement in divorce.

04/ How much

How much spousal maintenance?

Unlike child maintenance, there is no set formula[3]. The amount depends on each person's income from all sources, the income needs each of you sets out in a budget, and what the paying person can afford after their own needs and any child maintenance[3]. Once child maintenance is taken into account, significant spousal maintenance may not be affordable[3].

Citizens Advice says to start by gathering bank statements, bills and payslips, and to include housing, utilities and child maintenance in the budget[2]. Tick these off:

Before you talk about maintenance

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05/ How long

How long spousal maintenance lasts

The court must consider limiting maintenance to a term long enough for the person receiving it to adjust without undue hardship[4]. A term order is more likely where they can return to work within a reasonable time; after a short marriage without children, maintenance may be for a limited period, if at all[5].

By law, maintenance ordered on divorce cannot continue beyond the death of either of you, or the remarriage or new civil partnership of the person receiving it[13]. Living with a new partner does not end it automatically, but it may reduce it, and some orders say payments stop after the receiving person has lived with someone for a set number of months, often 6 months[5].

06/ Agreeing

Agreeing maintenance without court

You do not have to go to court: Citizens Advice says it is cheaper and easier to agree between yourselves, and mediation can help[2]. Write the agreement down, including how much is paid each month, how long payments last, what they cover, and a date to review your budgets[2].

To make it legally binding, you ask the court to approve a consent order, which can include maintenance; it cannot be approved before the conditional order and takes effect after the final order[16]. See consent orders and divorce mediation.

07/ Going to court

Asking the court to decide

If you cannot agree, you apply for a financial order and, unless an exemption applies, attend a MIAM first[17][18]. An application for maintenance only is made on Form A1, and maintenance alongside other orders on Form A[19]. See the Form A guide.

A maintenance-only application follows the fast-track procedure: the first hearing is 6 to 10 weeks after it is filed, and you exchange financial statements within 21 days of issue[6]. The court can move it to the standard procedure[6].

Legal aid is not available for most financial disputes, except where you are, or are at risk of being, a victim of domestic abuse, including financial abuse[20]. If you are not safe now, see domestic abuse support.

Court fee · fee 5.4

£321

in force from 13 July 2026

Fees 5.4 (Form A, other than by consent) and 5.1 (consent order) of the Family Proceedings Fees Order 2008 as amended, in force since 13 July 2026[7][21]. Help with Fees can reduce or cover them on a low income or benefits[22].

Estimate only. Beta service. Always check with official government websites. Check Help with Fees on GOV.UK.

08/ Changes

Changing or ending maintenance

The court can vary, discharge or temporarily suspend a periodical payments order[23]. Citizens Advice says you can go back to court if circumstances change, such as a lost job or an inheritance, but you must prove the change, and the judge could lower the payments instead[2].

If you pay and can no longer afford it, Citizens Advice says not to just stop paying: try to agree, or ask the court to vary the order[2].

09/ Unpaid

If maintenance is not paid

Arrears under a court order can be enforced on Form D50K, which asks the court to choose the method[24]. The paying person must complete Form E1 and attend court about their means, and the court can then make an attachment of earnings order, a third party debt order, a charging order or other orders[24]. An agreement that is not in a court order cannot be enforced by a court[25].

10/ Tax

Is spousal maintenance taxed?

HMRC's manual says an annual payment made by an individual is not chargeable to income tax, and that the rule taxing payments for non-taxable consideration does not apply to payments on divorce or separation[26]. Tax relief for the person paying, Maintenance Payments Relief, is only available if either of you was born before 6 April 1935, and is capped at £436 a year[27].

Miam can help you set out your budget and what you need before a MIAM or mediation.

11/ Questions

Frequently asked questions

Who can get spousal maintenance in the UK?

Only someone who is or was married or in a civil partnership[9]. Whether it is ordered depends on needs and what the other person can afford[3].

How much is spousal maintenance?

There is no set formula[3]. It depends on each person's income, their budgeted needs, and what the payer can afford after their own needs and child maintenance[3].

How long does spousal maintenance last?

It can be for a fixed term, often where the receiving person can return to work, or open-ended (joint lives), often after a long marriage or with very young children[5]. It ends on the death of either of you or the remarriage of the person receiving it[13].

Does spousal maintenance stop if my ex moves in with someone?

Not automatically, but it may be reduced, and some orders end payments after a set period of living together[5]. Remarriage ends it automatically[5].

Is spousal maintenance taxable in the UK?

HMRC's manual says annual payments made by an individual are not chargeable to income tax[26]. The payer only gets tax relief if either of you was born before 6 April 1935[27].

Is alimony the same as spousal maintenance?

Yes: "alimony" is the word used in some other countries for continuing payments from one former spouse to the other[1]. In England and Wales the court calls it periodical payments[3].

What can I do if my ex stops paying?

If it is in a court order, you can apply to enforce the arrears on Form D50K[24]. An agreement not made into a court order cannot be enforced by a court[25].

12/ Sources

Sources we checked

  1. Will one of us have to pay spousal maintenance to the other after divorce? — Withers
  2. Arranging financial support after you separate — Citizens Advice
  3. Sorting out Finances on Divorce: maintenance of spouses or civil partners (March 2024) — Family Justice Council
  4. Matrimonial Causes Act 1973, section 25A — legislation.gov.uk
  5. Sorting out Finances on Divorce: how long maintenance lasts (March 2024) — Family Justice Council
  6. Family Procedure Rules, Part 9, rules 9.7, 9.9B, 9.18 and 9.19 — justice.gov.uk
  7. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  8. Matrimonial Causes Act 1973, section 23 — legislation.gov.uk
  9. Deciding what to do when you separate — Citizens Advice
  10. Child Maintenance Service (printable guide) — GOV.UK
  11. Sorting out Finances on Divorce (March 2024) — Family Justice Council
  12. Matrimonial Causes Act 1973, section 22 — legislation.gov.uk
  13. Matrimonial Causes Act 1973, section 28 — legislation.gov.uk
  14. Form E Notes for guidance (01.23), PDF — HMCTS
  15. Matrimonial Causes Act 1973, section 25 — legislation.gov.uk
  16. If you agree: making your agreement legally binding — GOV.UK
  17. Get the court to decide (Money and property when you divorce or separate) — GOV.UK
  18. Form A (05.26): MIAM sections and guidance, PDF — HMCTS
  19. Form A (05.26): nature of application, PDF — HMCTS
  20. Sorting out Finances on Divorce: financial help (March 2024) — Family Justice Council
  21. The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
  22. GOV.UK — Get help with court fees
  23. Matrimonial Causes Act 1973, section 31 — legislation.gov.uk
  24. Form D50K (04.23), PDF — HMCTS · Form D50K: notice of application for enforcement — HMCTS, GOV.UK
  25. Money and property when you divorce or separate (printable guide) — GOV.UK
  26. SAIM8070: annual payments, exemptions — HMRC internal manual, GOV.UK
  27. Income tax relief on maintenance payments — GOV.UK

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