There is no fixed national term. Spousal maintenance in England and Wales runs for a set number of years (a ‘term order’) or, more rarely, for life (a ‘joint lives’ order). Courts now favour shorter terms that let the receiving spouse regain independence, and payments normally stop on remarriage or death.
The short answer
- There is no fixed term, maintenance lasts for a defined number of years (term order) or, rarely, for life (joint lives order).
- Courts in 2026 strongly favour shorter terms aimed at a clean break and financial independence.
- A section 28(1A) bar on a term order prevents any future extension, check whether it applies before you agree.
Spousal maintenance, often called spousal periodical payments, is money one former spouse pays the other after divorce to help meet everyday living costs. Unlike child maintenance, there is no formula and no set duration. How long you pay depends entirely on the couple’s finances, the length of the marriage, and what a court (or your agreement) decides is fair. In practice, the length falls into two broad shapes: a fixed term order or an open-ended joint lives order.
Term orders vs joint lives orders
A term order runs for a defined period, commonly three, five or ten years, or until a milestone such as the youngest child finishing school. The modern judicial approach in England and Wales strongly favours these fixed terms, reflecting the principle that a financially weaker spouse should move towards independence rather than rely on an ex indefinitely. A joint lives order, by contrast, continues until one party dies, the recipient remarries, or a further court order ends it. These are now reserved mainly for long marriages where the receiving spouse cannot realistically become self-supporting, for example after decades out of the workforce, or in later life.
The two common shapes of spousal maintenance
| Feature | Term order | Joint lives order |
|---|---|---|
| Duration | Fixed period (e.g. 3–10 years) | Until death or remarriage |
| Court preference in 2026 | Strongly favoured | Reserved for exceptional cases |
| Typical use | Transition to independence | Long marriage, limited earning capacity |
| Can it be extended? | Only if no ‘section 28(1A) bar’ is attached | Runs until varied or ended |
A crucial detail sits inside term orders: the section 28(1A) bar. If a judge attaches this bar, the recipient cannot apply to extend the term once it ends: the cut-off is final. Without the bar, they may ask the court to extend before the term expires. Whether that bar is included is one of the most heavily negotiated points in any settlement, so it is worth understanding fully before you sign.
It is worth being clear that spousal maintenance is entirely separate from child maintenance. Child maintenance is calculated by the Child Maintenance Service using a set formula based on the paying parent’s income and the number of children, and it is not affected by a term order. Spousal maintenance is the discretionary, needs-based payment discussed here. The two can run in parallel, and in modest-income households child maintenance may be all that is affordable, leaving little or no room for spousal support at all.
What ends payments early
Several events can stop maintenance before its natural end. Remarriage of the recipient ends the order automatically and permanently. The death of either party ends it too, though a well-drafted settlement may protect payments through life insurance written in trust. Cohabitation is more nuanced: living with a new partner does not automatically end spousal maintenance in England and Wales, but it is a strong ground for the payer to apply to reduce or terminate it, since the household’s outgoings are now shared. Retirement, redundancy or a significant income change can also justify a variation application by either side.
How courts decide the length
Judges weigh the factors in section 25 of the Matrimonial Causes Act 1973, the length of the marriage, each person’s income and earning capacity, ages, health, the standard of living during the marriage, and the needs of any children. The overarching aim is a ‘clean break’ wherever possible, meaning the court will try to end financial ties either immediately (through a larger capital share) or after a defined transitional period. Longer marriages, a wide income gap, or caring responsibilities that limit one spouse’s work all push the term longer; shorter, dual-income marriages point towards little or no maintenance at all. Many couples now ‘capitalise’ maintenance instead, converting future payments into a single lump sum so both parties can walk away cleanly. Our guide on how spousal maintenance is calculated works through the numbers in more detail.
Because maintenance interacts with the wider settlement, the home, savings and especially pensions, it should never be looked at in isolation. A larger pension share or a bigger slice of the equity can reduce or remove the need for ongoing payments. See how pensions are split in divorce and, if you are settling the overall split, who keeps the family home. A vetted, FCA-regulated financial adviser can model whether a clean-break lump sum or ongoing maintenance leaves you better off over the long run: this is information, not personal advice, and every case turns on its own facts.
In summary
- There is no fixed term, maintenance lasts for a defined number of years (term order) or, rarely, for life (joint lives order).
- Courts in 2026 strongly favour shorter terms aimed at a clean break and financial independence.
- A section 28(1A) bar on a term order prevents any future extension, check whether it applies before you agree.
- Payments end automatically on the recipient’s remarriage or on either party’s death; cohabitation is grounds to reduce them.
- Capitalising maintenance into a lump sum can replace ongoing payments, weigh it against your pension and property share.
Sources and further reading
- Money and property when you divorce GOV.UK
- Divorce and your pension MoneyHelper
Read the full guide
For the complete picture, see our in-depth guide: Spousal Maintenance Explained.
Speak to a vetted divorce financial planning specialist
This is free information, not personal advice. When you’re ready, we’ll match you with an independently vetted, FCA-regulated specialist, free, and with no obligation.
