In England and Wales, ‘global maintenance’ is a type of spousal maintenance that provides a single payment to support the recipient’s household. When deciding the amount, the court may take into account both the spouse’s needs and the costs of caring for the children. In practice, the payment may reflect both spousal support and child-related costs, which is why it is often described as combining spousal maintenance and child maintenance into a single payment.
‘Global maintenance’ is not a statutory term found in legislation such as the Matrimonial Causes Act 1973, the Child Support Act 1991, or the Family Procedure Rules. It is a practitioner and judicial term that developed through case law. The concept originates from the Court of Appeal decision in Dorney-Kingdom v Dorney-Kingdom [2000] 2 FLR 855. In that case, the Court of Appeal approved what became known as a ‘Segal Order’ or global maintenance order. The order combines spousal and child maintenance into a single periodic payment, with provision for adjustment if a Child Maintenance Service (CMS) assessment is later made.
A global maintenance order does not replace child maintenance. If the Child Maintenance Service (CMS) later assesses child maintenance, the maintenance payable under the court order may be reduced to reflect the CMS assessment, depending on the wording of the order. This ensures that the recipient does not receive duplicate maintenance for the same needs. Global maintenance orders are controversial. In most modern cases, child maintenance is dealt with separately through the CMS, and the court focuses on determining whether spousal maintenance should be paid and, if so, how much. Global maintenance orders were originally envisaged as a temporary solution pending a child maintenance assessment. However, subsequent case law and judicial practice have led to their use in some longer-term financial remedy orders where there is a substantial spousal maintenance claim.
Do you need to apply for a global maintenance order?
There is no separate application form or standalone application for a ‘global maintenance order’ as it is not a separate type of claim. It is considered within financial remedy proceedings.
If a divorcing spouse believes they need ongoing financial support, they would typically:
- Apply for a financial remedy order
- Request spousal maintenance as part of their financial claims
- During negotiations or at a court hearing, the parties propose and/or the judge considers how ongoing maintenance should be structured
At that stage, the court may decide whether separate spousal maintenance and child maintenance arrangements are appropriate, or whether a global maintenance order (Segal Order) is appropriate. While there is no separate application, a party or their solicitor might specifically ask the court to consider a global maintenance (Segal) order during negotiations or at a hearing.
How does the court decide a global maintenance order?
There is no statutory test to decide when the court should make a global maintenance order. Generally, the court will assess the recipient’s overall financial needs under section 25 of the Matrimonial Causes Act 1973.
The court may consider a global maintenance order where a spouse requires ongoing financial support and the financial needs of the parent and children are closely linked. Rather than waiting for the Child Maintenance Service to assess child maintenance separately, the court can make a single maintenance order reflecting the family’s overall needs, with provision for adjustment if a CMS assessment is made later.
A global maintenance order is only available where there has not yet been a CMS assessment and where there will be an order for substantive spousal maintenance. It is typically only appropriate where there are substantial marital assets or a significant wealth disparity between the spouses.
How does a global maintenance order work in practice?
The paying party makes one global fixed payment to the receiving party each month or week, covering both spousal support and child-related costs in a single sum. If and when a CMS assessment is made, the Segal Order is reduced automatically to reflect the CMS assessment. By way of example, if a CMS assessment of £1,000 per month for child maintenance is made, the global order reduces by £1,000. The spousal maintenance element of the order remains intact.
As with separate maintenance orders, global maintenance orders can be for a set period of time or for the joint lives of the parties. The duration is determined by the needs and specific circumstances of the case. The orders may also be varied if the financial circumstances of either party change significantly.
