My spouse is the main earner and we are divorcing: What are my options?
19th May, 2026
Going through a divorce is difficult for everyone involved, from an emotional and social perspective. It can be made even harder by complicated financial situations.
Divorcing as the financially weaker party can seem incredibly daunting and may leave you wondering how you will provide for your family as marital assets are split. However, the court will always try to strive to ensure you, and your children, have the resources you need to meet all your relevant needs during the divorce process and as you begin rebuilding your life post-divorce.
No matter whether you are divorcing whilst out of paid employment, or if you are a Stay-at-Home-Parent (SAHP), working with specialist divorce solicitors from Ward Hadaway can support you through the entire process, ensuring you understand your rights as a parent when you divorce or separate and receive the correct amount of spousal maintenance for your circumstances.
What is traditional employment?
Traditional employment typically refers to a formal, long-term working arrangements where you work for an organisation and receive a salary and other benefits, including health insurance, paid leave and a pension.
You may also be self-employed and earning an income, but self-employment can introduce some significant complexities regarding income calculation – which can fluctuate compared to a salaried job – asset valuation and disclosure. Regardless, achieving amicable divorce is still possible.
Divorcing whilst out of work – either voluntary or involuntary – doesn’t place you at a disadvantage or mean you will be treated differently than the main earner. The court will consider all the circumstances of the case, and amongst other factors your earning capacity and the possibility of increasing it in the future. In doing so it will take account of your obligations and responsibilities which may impact on your earning capacity.
Under the Matrimonial Causes Act 1973, the court will consider:
- Your income, or lack of it
- Your realistic earning potential
- Your age, health and time away from traditional employment
- Your standard of living during the marriage
If you are capable of working, the court may expect you to seek employment over time, and financial support in the form of spousal maintenance – either short-term or long-term – will reflect this. Achieving a clean break may not always be appropriate, especially if the court believes you are unable to become financially independent soon, but if you are the primary carer of your children, this significantly impacts your ability to work and supports claims for spousal maintenance.
What is a Stay-at-Home-Parent (SAHP)?
A stay-at-home-parent (SAHP) is a parent – either mother or father – who is the primary caregiver to children in a relationship or marriage, forgoing paid employment to look after their children full-time.
They are responsible for managing the household, children’s schedules and education, while the other partner typically engages in a form of traditional employment. This means that the stay-at-home-parent is partially or wholly financially dependent on their partner.
Many people believe that stay-at-home-parents have different rights during divorce – like fewer rights to assets or more rights to child custody – but their legal rights are the same, since family law focuses on fairness and equal contribution.
Under the Matrimonial Causes Act 1973 The non-financial contributions of stay-at-home-parents are fully recognised, since UK courts treat homemaking and childcare as equal to financial contributions. The contributions which each of the parties has made or is likely to make in the foreseeable future to the welfare of the family is not distinguished by it being financial or not, all contributions are viewed equally. The court acknowledges that:
- The childcare role impacts earning capacity
- The housing needs of a stay-at-home-parent and children may need to take priority
- Long term financial support may be required
Stay-at-home-parents have strong claims for spousal maintenance, especially if they have been out of work for a long time and sacrificed career progression to take on the role of primary caregiver.
The importance of spousal maintenance
Spousal maintenance is an important aspect of any divorce, implemented to support a former partner and address financial disparity after divorce or separation. It is a complex area of family law, so it is crucial that you receive expert legal advice and support from divorce solicitors at Ward Hadaway.
Spousal maintenance is not to be confused with child maintenance, which is a statutory obligation of the non-resident parent when one household is split into two.
What is spousal maintenance?
Spousal maintenance is a form of regular financial support, paid by the financially stronger spouse, to support a former husband or wife, typically monthly. It is designed to help the recipient become financially independent and covers reasonable needs such as living expenses and essential outgoings. It assists the transition to financial independence post-divorce.
The amount of spousal maintenance paid on a regular basis and for how long is entirely case specific and every case is judged on its own merits. In some cases there may be a short term need that is justified and in others a long term need.
Who can apply for spousal maintenance?
In normal circumstances, spousal maintenance is paid to the lower-earning or non-earning partner after divorce or civil partnership dissolution because they cannot meet their own financial needs. It can also be applied for on an interim basis if there is a need for financial assistance during the divorce process. This is known as maintenance pending suit.
What do courts consider when approving spousal maintenance?
When a court approves spousal maintenance, the focus is on fairness and appropriately meeting the needs of both parties. Their evaluation of fairness and needs is based on factors in the Matrimonial Causes Act 1973.
These include financial need, ability to pay, duration of the marriage, standard of living and future earning capacity. Its not just about whether the applicant spouse has a need for assistance, the financially stronger spouse has to be able to assist without falling into undue hardship themselves.
How long does spousal maintenance last?
The duration of spousal maintenance varies on a case-by-case basis. The court will consider the specific needs and circumstances of the separating partners.
Generally, the duration of spousal maintenance is categorised into the following types:
- Non extendable (Fixed Term) Spousal Maintenance: this is paid for a fixed term and the applicant cant apply to extend the term – which could be several months or years – and is usually made in monthly payments, with term maintenance often used to support the receiving partner in reaching financial independence quicker.
- Extendable (fixed term) Spousal Maintenance: same as above but the applicant has the ability to apply to extend the term when it is justified (on a fact specific case by case basis)
- Joint Lives Maintenance: this requires ongoing spousal maintenance payments to continue until either party dies or if the recipient remarries or enters a new civil partnership, but this type of order is less common and used mostly in situations where the recipient is unlikely to ever become financially independent because of age or health issues.
Capitalising Spousal Maintenance: if resources permit a term order can be capitalised by a lump sum being paid in one rather than monthly payments for the duration of the term.
The court can also implement Nominal Maintenance, where the highest-earning partner will pay a small amount of money to keep the maintenance claim open. This allows for the possibility of applying for an increase in maintenance if circumstances were to change. This acts as a safety net to allow for future variation applications if required.
What happens to spousal maintenance if circumstances change?
Changes to spousal maintenance can occur because of several reasons.
As the receiving partner, if you commence paid employment or increase your existing income, the spousal maintenance arrangements may change and you may begin to receive less money as the paying party may apply to vary the terms. In the same way, if the paying partner begins to earn less, they can ask for the spousal maintenance to be reassessed and the payments potentially reduced.
Most importantly, if you remarry or enter a new civil partnership, the maintenance payments will stop altogether.
If your circumstances change, and if you think you could receive more or pay less spousal maintenance, it’s important to get immediate legal advice.
Working with specialist divorce solicitors, like our team at Ward Hadaway, can ensure you receive the correct type and amount of spousal maintenance to support your financial needs. It can significantly reduce stress during a divorce and afterwards, as well as support you in handling emotional burnout during a divorce.
Why early legal advice from divorce solicitors matters
In any scenario, obtaining legal advice early is critical.
It may feel more important during the divorce process, especially if you are worried about immediate financial vulnerability when you and your partner separate. Early legal advice from specialist divorce solicitors at Ward Hadaway can also protect your rights and your assets whilst ensuring fair, long-term maintenance payments to meet your needs.
Our divorce solicitors can also provide you with a guide to parenting through divorce or separation, which may seem extremely daunting in the early stages.
How Ward Hadaway’s divorce solicitors can help
Understanding your right to spousal maintenance payments is another stressful part of the divorce process.
At Ward Hadaway, we know how important it is to get the right legal advice for your personal circumstances during this difficult time. Our divorce solicitors are experts in family law and we offer support advice for both out-of-court dispute resolution vs court-led proceedings.
Whether you choose to follow collaborative divorce proceedings or need help dealing with a high-conflict divorce on your path to securing spousal maintenance payments, we are here to help you.
Contact us for a confidential chat.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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