Maintenance after divorce: wives, children and incapacitated husbands

Maintenance for children

Every parent has a legal duty to maintain their children, whoever the children live with. The duty generally runs until the child turns 21, but the court can order maintenance beyond that age where, for example, the child is serving full-time National Service, is still studying or training, or has a physical or mental disability.

There is no fixed formula. The court looks at the child's reasonable needs, such as food, housing, healthcare and education, and at each parent's income and earning capacity, then shares the cost fairly between them. Parents can reach their own agreement, but they cannot sign away a child's right to be maintained, and the court will not approve terms that do not meet the child's needs.

Maintenance for a wife or incapacitated husband

Only a wife or former wife, or an incapacitated husband or former husband, can claim spousal maintenance. Since the 2016 amendments to the Women's Charter, a husband can claim if, before or during the marriage, illness or a physical or mental disability left him unable to earn a living and he remains unable to support himself.

Spousal maintenance is not guaranteed. The courts have said a husband is not a 'general insurer' for his former wife, and a spouse who earns well or is otherwise self-sufficient may receive no maintenance at all. Where there is a real chance of future need, the court may order a small nominal sum, which keeps open the option of asking for more later.

A wife's maintenance comes to an end if she remarries.

Lump sum, monthly payments and interim maintenance

The court can order maintenance as a single lump sum or as regular payments. A lump sum allows a 'clean break' if the paying spouse can afford it; monthly payments are often more practical.

While the divorce is under way, a spouse or the children can ask for interim maintenance to tide them over until the ancillary matters are decided.

Changing or enforcing an order

Either side can apply to vary a maintenance order if there has been a material change in circumstances, such as a job loss, serious illness or a significant change in the recipient's income. Credible evidence of the change is needed.

If payments stop, the person owed can apply to the Family Justice Courts to enforce the order. The court can order deductions from the defaulter's salary, fines, community service, financial counselling, security for future payments, and imprisonment of up to one month for each month unpaid. None of these cancels the debt; the arrears remain payable.

Since 16 January 2025, a new Maintenance Enforcement Process has applied, starting with people who have made earlier enforcement applications. Maintenance Enforcement Officers at the Ministry of Law try to settle the matter and can obtain financial information from banks and public agencies, helping the court tell apart those who cannot pay from those who will not.