This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how Interim Maintenance Orders work in divorce proceedings in England and Wales, including eligibility, the court application process, how orders are decided, duration and key considerations for temporary financial support during ongoing financial remedy claims.
When a marriage breaks down and divorce proceedings begin, one spouse may find themselves without sufficient income to meet basic living costs before a final financial settlement is reached. An Interim Maintenance Order (often referred to as interim maintenance, maintenance pending suit or periodical payments pending a financial remedy) provides temporary financial support from one spouse to the other while legal proceedings continue. This type of order aims to prevent hardship, maintain a reasonable standard of living, and preserve the status quo until comprehensive financial arrangements are agreed or determined by a court. The basis for interim maintenance lies in family law principles and statutory powers available to the courts in England and Wales.
What Is an Interim Maintenance Order?
An Interim Maintenance Order is a temporary financial support order made by the family court during divorce, judicial separation or nullity proceedings. It requires one spouse to make regular payments to the other to cover immediate needs such as living expenses, housing costs and other essential outgoings while longer‑term financial claims are being resolved.
Interim maintenance is not the same as child maintenance. It is payable to a spouse (or civil partner) rather than to cover costs associated with children. Child maintenance is dealt with separately through the Child Maintenance Service or a child maintenance order.
Legal Basis and Eligibility
Statutory Authority
The power to make interim maintenance orders is rooted in statutory provisions under family law, including provisions in the Matrimonial Causes Act 1973 and related legislation, such as the Matrimonial and Family Proceedings Act 1984. The court may make an interim order where leave has been granted for a financial remedy application and it appears that the applicant (or a child of the family) is in immediate need of financial assistance.
Requirements for Eligibility
To seek interim maintenance, a spouse must generally:
- Have started divorce, judicial separation or nullity proceedings.
- Show that they are financially disadvantaged and require support before a final settlement.
- Demonstrate a need for financial assistance and a corresponding capacity in the other spouse to pay.
An application cannot usually be made unless the court has granted leave for financial relief under specific statutory tests, and the court must be satisfied it has jurisdiction to award maintenance.
How Interim Maintenance Works
Application Process
- Issue Financial Remedy Proceedings: Parties begin by issuing a petition for financial remedy or by indicating on their divorce application that maintenance is sought.
- Provide Financial Information: The applicant must supply a clear statement of financial circumstances that sets out income, expenses, assets and liabilities. This may include a Schedule of Outgoings and any statement of means required by the court.
- Form A and Directions: The applicant typically completes Form A and ticks the box requesting maintenance pending suit (interim maintenance). The court will issue directions and may list a mention hearing to consider the application.
- Court Hearing: If the parties cannot agree on the level of maintenance, the matter is listed for a hearing. Both sides can present their financial evidence.
- Order and Duration: If the court is satisfied that interim maintenance is appropriate, it will make an order specifying the level and frequency of payments and their duration - usually until a final financial order is made or the divorce is concluded.
What Courts Consider
When deciding whether to grant interim maintenance and how much to award, courts consider:
- The immediate financial needs and outgoings of the applicant spouse.
- The income, resources and earning capacity of both spouses.
- The standard of living enjoyed during the marriage as a reference point for reasonable expenses.
- Whether the proposed level of support is reasonable and proportionate in the context of ongoing proceedings.
- Evidence of financial disclosure submitted to the court.
Interim maintenance awards are generally focused on short‑term stability rather than detailed long‑term assessment, which is the subject of a full financial remedy hearing.
Interim Maintenance Agreements
Where possible, parties may agree on interim maintenance levels without court intervention. A written agreement that sets out payments and terms can simplify the process and reduce litigation costs. If agreement is reached, it can sometimes be embodied in a consent order, which the court can approve to give legal effect.
Duration and Termination
Interim Maintenance Orders typically end on:
- The date of the final divorce or civil partnership dissolution order.
- The date on which a full financial remedy order (final financial settlement) is made.
- Variation or discharge by the court if circumstances change significantly.
Interim maintenance is inherently temporary and is intended to bridge the gap between the start of proceedings and final resolution of financial disputes.
Costs and Risks
Applying for interim maintenance may involve court fees and legal costs. In some cases, if a party takes an unreasonable position, they may be ordered to pay not only the maintenance but also the legal costs of the other party. Therefore, careful consideration of the strength of one's position and potential costs is important before pursuing or contesting an order.
Common Questions
Who can apply for an Interim Maintenance Order?
Either spouse involved in divorce or separation proceedings can apply for interim maintenance if they demonstrate financial need and the other spouse's ability to pay. Applications are usually made as part of financial remedy proceedings.
Can interim maintenance be varied?
Yes. Either party can ask the court to vary (increase or decrease) an interim maintenance order if there are material changes in circumstances, provided the order remains in force.
Is interim maintenance child maintenance?
No. Interim maintenance supports the spouse's income needs. Child maintenance is separate and usually arranged through the Child Maintenance Service or specific child maintenance claims.
Key Takeaways
Interim Maintenance Orders provide temporary financial support during divorce and separation proceedings in England and Wales. Designed to address immediate needs, they require a clear demonstration of financial requirement by the applicant and an assessment of the other spouse's capacity to pay. Applications involve the family court and may include financial disclosure and hearings if agreement cannot be reached. While interim maintenance ensures financial stability before a final settlement, it is a temporary measure that ends once the divorce or full financial remedy is complete. Parties are encouraged to agree terms where possible to save legal costs, but court intervention remains available when agreement cannot be reached.
