Do I have to financially support my ex after we divorce?

1 May 2026

Trying to figure out your finances during separation is tricky enough, but it can be more complicated if you are not sure whether you have to financially support your ex after divorce.

There are some situations that mean you will have to pay spousal maintenance so that you can both move forward fairly.

Understanding whether this is likely to apply to you is important when you are preparing for a divorce.

What is spousal maintenance?

Spousal maintenance (sometimes called periodical payments) is when one spouse pays ongoing financial support to the other after separation or divorce.

This is meant to help the lower-earning partner get back on their feet and afford their day-to-day needs until they can fully support themselves again.

Support can vary and may only last a few months, such as when a court orders interim maintenance while financial matters are still being resolved, or be a long-term provision.

It might be that maintenance is part of your financial settlement after your divorce, if this is determined to be the fairest way to split your finances.

When do I have to pay it?

You don’t automatically have to pay spousal maintenance just because you are getting divorced.

The court will only order it if one person genuinely needs financial support and the other has the ability to provide it.

The court will look at several things to decide this, including:

• Each person’s income and earning potential
• Financial needs
• Monthly expenses
• The standard of living during the marriage
• Contributions made during the relationship
• Age
• Health
• Ability to work

A common example we see of spousal maintenance being needed is when one partner puts their career on hold to raise children.

When the couple separates, the partner who paused their career may need a bit more time to regain their financial independence.

Do I have to pay it?

If a court has ordered it, you will more than likely have to pay the spousal maintenance.

Sometimes you will be able to come to an agreement on the payments with your ex-partner through negotiation and mediation, with these changes potentially being legally binding.

However, we know that money can be a sensitive subject and you might not be able to come to an agreement on how much your ex-partner needs to support themselves.

The court will have to take the matter into its own hands and decide what is best.

Do I need to pay it forever?

The courts and most former couples prefer a clear break with an end to financial ties as soon as this is fair and possible.

Longer marriages or ones where one person has a limited earning capacity make it a little trickier.

Maintenance might be ordered until one person finds work or returns to work.

There could even be a certain event marked in the calendar for its duration, such as until your children finish their education.

There might even be a decision made that the maintenance would end if the receiving spouse remarries or enters a new civil partnership.

The actual amount of the payments can also differ over time, such as if your ex-partner lost their job or is going through an illness and they need additional support.

How can we help you through the process?

It can be hard trying to find the line between supporting yourself and your ex-partner.

It’s best to have some expert guidance by your side to know whether maintenance is necessary for your situation and how you can protect your financial interests.

Our Family Law team can assess whether spousal maintenance will be ordered and help you negotiate a fair agreement.

We also work in conjunction with experienced mediators to guide you through the process, so that an efficient agreement that works for you can be reached.

If you need further advice or support, get in touch.