Alimony in the UK: What It Is Actually Called and How It Works

Alimony Does Not Exist in English Law

Alimony is the American term for ongoing payments from one former spouse to another after divorce. In England and Wales the equivalent is called spousal maintenance, and the rules governing it are quite different from the American system. The key difference: spousal maintenance in England is not the default outcome. Courts actively seek to achieve a clean break where possible.

When Is Spousal Maintenance Ordered?

Spousal maintenance is ordered where one spouse cannot support themselves adequately from their own resources and the other spouse has the means to contribute. The most common scenario is where one spouse has been the primary carer for children and has either not worked or worked part-time, reducing their earning capacity over the years of the marriage.

Courts consider the income and earning capacity of both parties, their financial needs and obligations, the standard of living enjoyed during the marriage, the age and health of both parties, contributions to the family including caring for children, and the duration of the marriage.

The Clean Break Principle

The court has a duty under section 25A of the Matrimonial Causes Act 1973 to consider whether it would be appropriate to impose a clean break, terminating ongoing financial obligations as soon as practicable. Where the court does order maintenance, it must consider whether it should be for a limited term rather than open-ended.

Many people assume they will receive maintenance indefinitely. The clean break principle means this is rarely the outcome. Courts want former spouses to become financially independent of each other. The question is how long that takes.

Fixed-Term vs. Joint Lives Orders

Courts strongly prefer fixed-term maintenance orders specifying that payments will continue for a defined period, after which they end. The length depends on how long the recipient needs to achieve financial independence. A joint lives order, which continues until death or remarriage of either party, is increasingly rare and generally only made in long marriages where the recipient has very limited earning capacity.

Varying and Ending Maintenance

A maintenance order can be varied upward or downward if there is a material change in either party's financial circumstances. It ends automatically if the recipient remarries. It does not end automatically if the recipient begins cohabiting, but cohabitation can be grounds for the paying party to apply to reduce or end the order.

The Term Extension Trap

If maintenance is ordered for a fixed term, the recipient has the right to apply to extend that term before it expires, under section 31 of the Matrimonial Causes Act 1973. Once the term expires without an application, the right to apply is lost permanently. This is a statutory rule that catches many people out.