The Spousal Maintenance Guide — Periodical Payments on Divorce

Spousal maintenance is one of the least understood 

financial orders available on divorce.

It is frequently agreed to without proper consideration 

of its value, its duration, or the circumstances in 

which it can be varied or terminated. And it is 

frequently resisted by paying parties who do not 

understand that resistance is sometimes futile — 

and sometimes entirely justified.

This guide covers both sides.

WHAT THIS GUIDE COVERS:

PART 1 — WHAT SPOUSAL MAINTENANCE IS AND WHEN 

COURTS ORDER IT

The legal basis. The section 25A clean break 

obligation. When courts order maintenance and when 

they refuse. The section 25 factors — how courts 

decide both whether to order it and how much.

PART 2 — TYPES OF ORDER

Joint lives orders — what they mean and when courts 

still make them. Term orders — why courts increasingly 

prefer them. The section 28(1A) bar — what it is and 

why it matters. Nominal orders — preserving future 

rights at zero current cost.

PART 3 — HOW MUCH: THE BUDGETING EXERCISE

There is no formula. The court assesses need against 

resources. How to prepare a budget that withstands 

scrutiny. The Duxbury calculation — trading a lump 

sum for ongoing payments. When capitalisation makes 

sense for both parties.

PART 4 — VARYING AN EXISTING ORDER

Material change of circumstances — what qualifies. 

Grounds for the paying party to reduce or terminate. 

Grounds for the receiving party to increase. 

What to do — and when to do it.

PART 5 — TERMINATING MAINTENANCE

The section 25A obligation on variation applications. 

When courts terminate entirely rather than reduce. 

Applying for a section 28(1A) bar. The remarriage 

trap — it ends automatically. The cohabitation trap 

— it does not. What to do when you discover your 

ex has a new partner.

PART 6 — PRACTICAL STEPS FOR BOTH PARTIES

For the receiving party — how to prepare a budget, 

document the earning capacity gap, address the clean 

break question. For the paying party — how to 

challenge the budget, present earning capacity 

evidence, push for a term order with a bar, and 

consider capitalisation.

WHAT YOU GET:

✓ Complete spousal maintenance guide — 6 parts

✓ Covers both receiving and paying party positions

✓ Variation, termination and the remarriage rules

✓ Written by a qualified solicitor (non-practising)

✓ PDF — instant download, lifetime access

Spousal maintenance is genuinely negotiable.

Preparation changes outcomes.

For educational purposes only. Not legal advice.

Eugene Pienaar is a non-practising Solicitor of the 

Supreme Court of England and Wales.