If you’re going through divorce or dissolution, you can agree short-term (or interim) maintenance payments from your spouse or civil partner. These can be useful while you work out how you’ll split your money and property permanently. Find out how you can arrange interim maintenance and what you could get or pay.
Interim spousal maintenance payments
The most common reason for claiming interim maintenance is genuine need.
This is when the person asking for interim maintenance has no or little income, and their ex-partner has an income they could share.
It’s a good idea to agree some interim financial arrangements with your ex-partner while your divorce or dissolution is going through.
That way, each of you knows what’s expected of you. For example, who’ll pay which bills. This offers some financial stability.
Interim maintenance can be part of the divorce and dissolution arrangements. This will stop an ex-partner (husband, wife or civil partner) claiming that the other hasn’t given them the money they need, and vice versa.
If you can’t agree how much interim maintenance should be paid, or whether payments will be made at all, you and your ex-partner can use mediation to help you reach an agreement (an impartial third party).
As a last resort, you or your ex-partner can apply to the courts if one of you believes they need short-term financial support.
At Citizens Advice find out more about mediationOpens in a new window
Applying to the courts for interim maintenance
You can apply to the courts for an order for your ex-partner to pay interim maintenance if divorce or dissolution proceedings are underway.
But this process can be expensive, and you have to convince the courts you need the payments.
Get advice from your solicitor, if you’re using one, about whether this type of application is worthwhile.
If you’re not sure about your ex-partner’s financial situation, and they don’t have the money to pay you, you might end up spending money on court and legal fees for no reason.
If you want legal advice but can’t afford it, see our guide Legal aid and other help if you can't afford divorce or separation fees.
Find out more in our guide How to pay legal fees on divorce or dissolution
What you need to apply to the courts
If you decide to apply to the courts, you’ll need to provide a written statement setting out your financial position. This must include:
- your capital (such as property, savings or investments)
- any debts you have
- details of what you need on a day-to-day basis in the short term
- your current income, including your earnings, money received from your ex-partner and any State benefits.
Where you’re getting divorced or dissolving your civil partnership will determine how you apply for interim maintenance.
England or Wales
Interim spousal maintenance is dealt with as part of the court process for sorting out finances after a divorce or dissolution.
To apply, you'll need to start, or have already started, a ‘financial remedy application’ with the court.
Before making a court application, you'll usually need to attend a Mediation Information and Assessment Meeting (MIAM) first. There are exemptions to this, for example if you've experienced domestic abuse.
Once your case is under way, you can ask the court for interim maintenance.
You'll need to submit an application form along with a statement to the Family Court. Your ex-partner will also be asked to provide basic financial information.
The court will decide whether interim maintenance should be awarded – and if so how much – by considering what’s reasonable. Interim maintenance is designed to deal with short-term financial problems, so the calculation can be rough and ready.
You'll need to provide the court with a short, realistic budget covering your essential outgoings, such as rent or mortgage, council tax, bills and food – the court won't consider long-term plans or large one-off expenses at this stage. Our Budget planner can help you list and track your monthly costs.
In most family law cases, each person pays their own legal costs. However, interim maintenance applications can be different.
If your application is unsuccessful, or if the court considers that you've acted unreasonably, you may be ordered to pay some or all of your ex-partner's legal costs, on top of any maintenance the court requires you to pay.
As with any order for maintenance, the court can agree to increase or decrease the amount of maintenance you pay or receive, depending on the circumstances.
Interim maintenance ends when your divorce or dissolution is finalised.
Northern Ireland
There are two courts you can apply to for interim maintenance.
The first is the Domestic Proceedings Court. If you apply, you should prepare a statement showing the money you have coming in (your income) and money you spend (your outgoings) for the court. You’ll also need to provide evidence of this, including bank statements and bills.
The second option is to apply for interim maintenance in the county court or High Court, providing you have already begun the divorce or dissolution process.
If you and your ex-partner can’t agree how much should be paid, you'll need to file a sworn statement setting out your income and outgoings and explaining why you need an interim maintenance order.
Forms are available from the Northern Ireland Courts and Tribunal serviceOpens in a new window at the Department of Justice
Child maintenance
You can arrange child maintenance as soon as you separate – there’s no need to wait for the divorce or dissolution to be finalised to start discussions with your ex-partner.
It’s paid to the parent who the child lives with for most or all the time by the other parent.
There are several different ways that you and your ex-partner can agree it – many parents arrange child maintenance informally between themselves, but you can also use the Child Maintenance Service (CMS).
For more information, read our guide How do I arrange child maintence?
Your next step
It's also worth reading How to deal with problem debt after separation.
