Alimony in the UK: What It Is Actually Called

There Is No Alimony in English Law

Alimony is an American concept. In England and Wales, ongoing financial support between former spouses is called spousal maintenance or periodical payments. It is an order for regular payments from one former spouse to the other, usually monthly.

When Courts Order Spousal Maintenance

Courts consider spousal maintenance where there is a significant disparity in income between the parties and where one party has financial needs that cannot be met from their own resources. Common situations include: a party who has not worked during the marriage and needs time to rebuild their career, a party who is the primary carer for young children and cannot work full-time, and a party who is close to retirement and has limited earning capacity.

How Much and for How Long

There is no fixed formula for spousal maintenance. The court considers both parties' income, earning capacity, needs, and obligations. The amount should meet the recipient's reasonable needs without imposing an undue burden on the payer. Courts are increasingly minded to make time-limited orders rather than open-ended maintenance.

Variation and Termination

Either party can apply to vary a spousal maintenance order if circumstances change significantly. The payer can apply to reduce or terminate maintenance if their income falls or if the recipient's needs reduce. Maintenance automatically ends on the death of either party or on the recipient's remarriage.

The Clean Break Alternative

Where possible, courts prefer a clean break -- a lump sum or property transfer in lieu of ongoing maintenance. This gives both parties financial certainty and independence. Whether a clean break is appropriate depends on the assets available and the respective financial positions of the parties.