Life rarely stands still. Jobs change, incomes rise and fall, new relationships form, and children’s needs evolve. When this happens, maintenance orders made at the time of divorce or dissolution may no longer feel fair, workable or may need enforcing. At Gordons Partnership, we help clients on both sides of this situation, those paying maintenance and those receiving it.
We explain your options, advise whether an application to vary is appropriate, and guide you through the process in plain English. Our aim is to help you find a fair outcome that reflects today’s reality, not yesterday’s circumstances.
When a marriage or civil partnership ends, the court may make financial orders. Some are one-off, such as dividing property or awarding a lump sum. Others are ongoing. These ongoing payments are known as maintenance.
There are two main types:
Both types can be reviewed and, in some cases, changed in the future.
Yes. Under the Matrimonial Causes Act 1973, maintenance orders can be varied. This means they can be:
In some cases, lump sum orders paid by instalments can also be varied.
The law recognises that life changes, and that support arrangements sometimes need to change with it. Maintenance orders are intended to support a transition towards independence, with the courts increasingly moving away from making them for life.
Some common situations include:
Not every change leads to a variation, but major shifts in financial circumstances often justify a fresh look.
When asked to vary maintenance, the court looks at all the circumstances. It will take into account the same factors considered in the original case under section 25 of the Matrimonial Causes Act 1973, including:
A key question is whether the receiving party has taken reasonable steps to fulfil their own earning capacity since the original order. The court wants to encourage independence wherever possible.
Strictly speaking, no. The law does not require proof of a change before a variation can be considered. However, in practice, changes in income, needs, or personal circumstances are usually the trigger for an application.
Without some form of change, the court is unlikely to see a reason to alter an existing order.
When looking at financial matters, the court always considers whether a clean break is achievable. A clean break means that, after division of assets, neither party has an ongoing financial obligation to the other.
Where spousal maintenance is necessary, the court may ask whether it can be “capitalised”, turned into a one-off payment or pension share that replaces ongoing monthly support. This provides finality and avoids the risk of repeated applications in the future.
The court’s powers on capitalisation are limited: it cannot reopen the original capital claims, but it can decide whether future maintenance can be converted into a lump sum or other arrangement.
We approach these cases with sensitivity and clarity. Maintenance disputes can be stressful, but with clear advice you can understand your rights and responsibilities and take the right steps forward.
At Gordons Partnership, we advise clients on both sides of variation or enforcement applications.
Spousal maintenance ends automatically if the recipient remarries. Cohabitation may also be relevant, but it does not always end payments, it depends on the facts.
You may be able to apply for a reduction or suspension of maintenance until your income recovers. The court will want evidence of your situation.
Yes. Either party can apply to increase or decrease maintenance, depending on circumstances.
Child maintenance is usually handled by the Child Maintenance Service, not the court, unless higher levels of income are involved. Spousal maintenance remains under the court’s jurisdiction.
Yes, if both parties agree. However, to make the change legally binding and enforceable, a court order is still recommended.
It usually comes down to whether the change is significant and ongoing, such as a loss of income, a new job, or changes in living arrangements. We can review your situation and give you a clear view on whether an application is likely to succeed.
If both parties agree, changes can be made relatively quickly. If court is involved, the process can take longer, but we can help you take steps early to protect your position.
There are options to enforce payment, including court action. We can guide you on the most effective way to recover what is owed and prevent further issues.
In some cases, yes, particularly where there has been a delay in applying or a change in circumstances that should have been addressed earlier. It depends on the facts.
The court can require financial disclosure. We can help you obtain the information needed to assess whether the current arrangement is still fair.
Yes. The court often considers whether maintenance should reduce over time or end after a fixed period, especially where financial independence is achievable.
Cohabitation can be relevant when looking at whether maintenance should be reduced or ended, but it depends on the financial impact of that new relationship.
Not necessarily. Many adjustments can be agreed between parties. Court is usually a last step if an agreement cannot be reached.
That is an important consideration. We will always give you a clear view on whether pursuing a variation or enforcement is proportionate.
In some cases, yes. This is known as capitalisation and can provide a clean break, but it depends on the financial position of both parties.
If you need advice in relation to any family matter, please do not hesitate to contact our family team.
If you are paying or receiving maintenance and think your order may need changing, speak to us today. We will listen to your situation, explain your options, and help you move towards a fair outcome.
Gordons Partnership – clarity and confidence in legal advice, from people you can trust.
Call us on 01483 451900
Email Judith Fitton, Mark Studdart, Laura Cavannagh, Liberty Lawson to arrange a confidential conversation.
