When Is Maintenance Payable Following Civil Partnership Dissolution?

Maintenance is a regular payment made by one former civil partner to the other following separation or dissolution.

It may be appropriate where one person cannot meet their reasonable financial needs from their own income and the other has sufficient resources to provide support.

What will the court consider?

The court may examine:

Each person’s income and earning capacity

• Their reasonable financial needs

• The standard of living during the civil partnership

• Their age and health

• The duration of the civil partnership

• Caring responsibilities

• The payer’s ability to meet their own needs

• Whether the recipient could reasonably increase their earnings

Maintenance is not intended to punish either person or reward a particular contribution. Its purpose is to address financial need in the context of the available resources.

How long can maintenance last?

Maintenance may be ordered:

• For a fixed term

• Until a specified event

• Until either person dies

• Until the recipient marries or enters a new civil partnership

• For a period that may or may not be extended

A fixed term may provide time for the recipient to return to employment, increase their working hours, retrain or make other reasonable adjustments.

Longer-term maintenance may be considered where financial independence cannot realistically be achieved.

Can a clean break be achieved?

The court must consider whether it is appropriate to bring the parties’ financial obligations to an end.

A clean-break order may be suitable where both former civil partners can meet their needs without continuing financial support.

Where resources allow, maintenance may sometimes be capitalised by providing a lump sum or additional capital instead of ongoing payments.

However, a clean break should not be imposed where it would create an unfair or unsustainable outcome.

The final part of this series explains how child maintenance is treated when a civil partnership involving children comes to an end.

Elizabeth Stocker can advise on maintenance proposals, future earning capacity and whether a fair clean break can be achieved following dissolution. Book an appointment with Elizabeth or complete the enquiry form.