What Financial Provision Can I Claim From My Spouse Whilst The Divorce Is Proceeding?

If you are going through a Divorce it may take some time for you to agree the matrimonial finances with the other party. If during this period a party is struggling financially and the other party refuses to contribute a reasonable amount towards the outgoings then an Application for Maintenance Pending Suit can be made.

Maintenance Pending Suit

Maintenance Pending Suit is interim maintenance payable up and until the finances are finally resolved. This is different to Spousal Maintenance which can only be payable under a Final Order. 

There would be a Court Hearing when the Judge would determine whether any interim maintenance should be payable.

There is no guide on what is an appropriate level of interim provision. In an Application for Maintenance Pending Suit the Court must consider what it thinks is reasonable having regard to the parties’ standard of living and their income and outgoings. The Judge will consider the Applicant’s income and outgoings to see if they have a need for interim maintenance. If the Judge considers the Applicant has a need for interim maintenance they will then consider the Respondent’s income and outgoings to see if they have a surplus and then whether it is reasonable for the Respondent to pay the Applicant interim maintenance and if so, for how long.

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Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.