An interim maintenance, also known as a “maintenance pending suit”, provides short-term temporary financial support for spouses going through the process of divorce or dissolution in the UK before a final financial divorce settlement is granted. An arrangement for interim maintenance may be reached through negotiation and mutual agreement between the two parties in a divorce or by applying to the court. An interim maintenance order is a document issued by the court which sets out how much interim maintenance should be paid, by whom, and when. Interim maintenance payments help cover everyday living costs, bills, and mortgage payments for divorcing parties with little or no income where the other party is financially better off.
Interim maintenance payments
Whether you can request interim spouse maintenance payments and the amount you may be entitled to will depend on your financial circumstances and the ability of your ex-partner to make payments. If you apply to the court for interim maintenance payments, the judge will weigh up several factors, including:
- Your financial position (including child and state benefits)
- The financial resources and income of your ex-partner
- Your financial needs and those of your children
- The standard of living enjoyed during the marriage or civil partnership
- Who pays the bills
- Any debts you have
It is important to bear in mind that interim maintenance is normally required urgently to cover immediate living costs. As such, the court will normally take a broad-brush approach because they do not have much time to make a decision. The better prepared your case, the more likely you are to be granted the interim maintenance you need to cover your living costs until a final settlement is reached. It is recommended to have a divorce solicitor work with you to prepare an estimated budget for your needs and those of your children under 18, as well as to assess what your ex-partner might reasonably be able to pay you.
In many cases, an agreement on interim maintenance payments can be reached outside of the courts. Applying to court for interim maintenance payments should be the last resort, given that the process can be expensive. Your divorce solicitor will explain the options available given your situation, recommend the best approach, and help you negotiate these interim maintenance payments without going through court, if appropriate.
Interim maintenance order application
If you cannot agree on interim maintenance payments with your partner directly or through mediation or negotiation, you will need to apply for an interim maintenance order through a court in England or Wales. To do so, your divorce solicitor will complete the following steps:
- Complete Form D11: Apply for an interim order as part of divorce, dissolution or separation court proceedings.
- Complete a Statement of information for a consent order in relation to a financial remedy – this form can be used for final maintenance orders or interim maintenance orders. Details of the net income of both parties must be provided, including income after tax, state benefits, income from pensions, and savings interest.
- Submit the documents to court and pay the required court fee.
The court will then arrange a short hearing during which the judge will ask questions and make a final decision on interim maintenance payments. If an interim maintenance order is issued by the court, it will remain in effect until a final maintenance order is reached.
