Family Law · Financial Settlements · Maintenance
Maintenance & Income After Divorce
Spousal Maintenance, Child Maintenance & Capitalised Clean Break Alternatives
Part of our Financial Settlements service
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Maintenance — whether spousal or for children — is one of the most contested areas of financial settlements. Questions about how much, for how long, and whether a clean break is achievable are among the most common concerns we hear from clients.
The law does not prescribe fixed amounts or durations. Courts assess each case individually, balancing the needs of both parties against the overall fairness of the settlement. Early advice helps you understand what is realistic before negotiations begin.
The clean break principle
Courts encourage financial independence wherever possible. Where a clean break is achievable — either immediately or after a transitional period — it is generally preferred. A capitalised lump sum can sometimes replace ongoing maintenance, achieving finality for both parties.
Types of Maintenance
Understanding the Different Types of Maintenance Order
Spousal Maintenance (Periodical Payments)
Regular payments made by one spouse to the other following divorce. The amount and duration depend on the needs of the recipient, the payer's ability to pay, and the overall financial settlement. Courts aim to achieve financial independence where possible.
Joint Lives Order
Maintenance payable for the rest of the recipient's life (or until remarriage). Rare in modern practice — courts generally prefer time-limited orders that encourage financial independence.
Term Order (Time-Limited Maintenance)
Maintenance payable for a fixed period — for example, while children are in school or while the recipient retrains for work. The most common form of spousal maintenance in modern practice.
Capitalised Maintenance (Lump Sum)
Rather than ongoing periodical payments, a lump sum is paid upfront to represent the capitalised value of future maintenance. This achieves a clean break and removes the uncertainty of ongoing payments.
Child Maintenance
Child maintenance is calculated by the Child Maintenance Service (CMS) using a statutory formula based on the paying parent's income. Courts can deal with child maintenance in limited circumstances — we advise on when court involvement is appropriate.
Maintenance Guide
What Factors Determine Spousal Maintenance?
Courts consider a range of factors when assessing whether maintenance should be paid, how much, and for how long.
Both parties' current income and future earning capacity are assessed. If one party has sacrificed career progression to care for children, this is taken into account.
The reasonable financial needs of both parties — including housing costs, living expenses and any health needs — are central to the assessment.
The standard of living enjoyed during the marriage is relevant, particularly in longer marriages where one party has become accustomed to a certain lifestyle.
Older recipients or those with health conditions that limit earning capacity may receive higher or longer-term maintenance.
Longer marriages generally result in longer maintenance periods. Short marriages may result in no maintenance or a very short term order.
Non-financial contributions — such as giving up work to care for children — are recognised and may support a maintenance claim.
This guide is for general information only and does not constitute legal advice. Speak to Martin Dias for advice tailored to your circumstances.
Your Maintenance Specialist
Your Family Law Specialist
Martin Dias
Family Law Executive
Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.
Client Testimonials
What Our Clients Say
“Dividing our assets after 20 years of marriage was complex. Martin understood the full picture — the property, the pensions, the business interests — and achieved a financial settlement that was genuinely fair.”
Patricia N.
Financial settlement — complex assets, Chester
* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.
Related Financial Settlement Services
Questions About Maintenance After Divorce?
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