Financial support in divorce: What help is available? 

Concerns about money are often one of the most immediate and stressful aspects of divorce. Alongside the emotional impact of separation, many people experience a sudden shift in their financial position, whether through loss of access to joint income, uncertainty about future support, or difficulty meeting everyday living costs. English family law recognises these pressures and provides a number of mechanisms designed to ensure that one spouse is not left struggling financially, either while divorce and financial proceedings are ongoing or after they have concluded. 

Understanding what financial support may be available, when it can be applied for, and how long it might last can provide a measure of reassurance at what is often an uncertain time. 

Maintenance pending suit 

Maintenance pending suit is a form of short-term financial support that the court can order during financial remedy proceedings. Its purpose is to address an immediate income shortfall where one spouse earns significantly less than the other and cannot meet their reasonable living expenses without assistance. 

This type of maintenance is intended to operate as a temporary safety net rather than a long-term solution. It allows the financially weaker spouse to cover essential outgoings while the wider financial issues between the parties are being resolved. An application for maintenance pending suit cannot be made until divorce proceedings have been formally issued, and it is usually sought as part of a financial remedy application by filing the appropriate forms with the court. 

When deciding whether to make such an order, the court will consider whether it is fair and reasonable in the circumstances. This involves looking at each party’s income, expenditure and overall financial position. If the parties are unable to reach agreement on interim support, the court may determine the issue at a short hearing, often based on written evidence focusing on income and essential expenditure. If granted, the order will normally remain in place until the financial proceedings are concluded, unless the court later varies or discharges it. This can provide a degree of financial stability during what may otherwise be a prolonged process. 

Spousal maintenance after financial proceedings 

Once financial proceedings have concluded, the court may order spousal maintenance as part of the overall financial settlement. Spousal maintenance involves ongoing payments from one spouse to the other to help meet future income needs, and it is separate from any child maintenance obligations. 

The starting point for the court is always necessity. Spousal maintenance will only be ordered where it is required to meet one party’s reasonable needs and where those needs cannot be met through capital provision or their own income. Both spouses are also expected to take reasonable steps to maximise their earning capacity. Maintenance is not intended to create long-term dependency, but to address genuine financial imbalance. 

Maintenance is not appropriate in every case. It is less likely to be ordered where both parties have similar earning capacity, where there are sufficient capital assets to meet each person’s needs, or in shorter marriages without children where both spouses can reasonably be expected to become financially independent. 

As part of a financial settlement, the court has several options. It may approve a clean break, bringing financial ties between the parties to an end and avoiding any ongoing maintenance. In some cases, a nominal maintenance order may be made, preserving the ability to apply for substantive maintenance in the future, although this is now relatively rare. Where appropriate, the court may order the higher-earning spouse to pay spousal maintenance for a defined period to allow the recipient time to adjust financially or increase their own income. In less common cases, a joint lives order may be made, under which maintenance continues until the death of either party or the remarriage of the recipient. 

One important feature of spousal maintenance is that it is generally variable during the period it is payable. This reflects the reality that financial circumstances can change. If, for example, the paying spouse loses their job or experiences a significant reduction in income, they may apply to the court to reduce the level of maintenance. Equally, changes in the recipient’s circumstances may justify an application for variation. Spousal maintenance automatically comes to an end if the recipient remarries, although it does not end simply because they begin cohabiting with a new partner. 

Legal Services Orders 

Funding legal representation during divorce can be a significant concern, particularly where one spouse has far greater access to financial resources than the other. In certain circumstances, the court can make a Legal Services Order requiring one spouse to contribute towards the other’s legal costs. 

These orders are discretionary and are not routinely granted. The court must be satisfied that, without such an order, one party would be unable to present their case properly and that they cannot reasonably secure funding by other means. Legal Services Orders are intended to ensure that both parties can participate in the financial proceedings on an equal footing. Where appropriate, they may cover legal costs incurred during the proceedings and, in some cases, representation through to a final hearing. 

Legal aid 

Legal aid is now very limited in family law, but it remains available in specific circumstances. If you are a victim of domestic violence and are also on a low income, you may be eligible for legal aid to help cover your legal costs. 

It is important to understand that legal aid is not always free. Where a person recovers money or property as a result of their case, the statutory charge may apply, meaning that some or all of the legal costs funded by legal aid may need to be repaid. In certain circumstances, it may be possible to apply to postpone the charge, particularly where a property is purchased, but this will depend on the individual facts of the case. 

Taking advice early 

Every family’s financial circumstances are different, and decisions about financial support on divorce are highly fact-specific. Taking advice at an early stage can help you understand what support may be available, whether interim applications are appropriate, and how best to protect your financial position both during and after divorce proceedings. With the right guidance, it is often possible to achieve a fair and practical outcome that provides stability and clarity for the future.