A spousal maintenance order is an obligation imposed by the court for one party to pay to the other party a set regular amount. Such orders are inherently variable as the courts recognise that, over time, they may be affected by changes in circumstances. For example, the payer may lose their job and no longer have an income, or may become unable to work through illness or disability.
In the event that there has been a significant change in circumstances, either party can apply to increase, decrease, suspend, time limit or terminate the payments. It is also possible to capitalise the payments by rolling them up into a lump sum. The court has broad discretion to examine the position and to decide whether or not to vary the maintenance.
In considering whether or not to vary maintenance, the court will consider a list of statutory principles, which are:-
1. The welfare of any children;
2. The income and earning capacity of each party – both currently and in the foreseeable future;
3. The financial needs, obligations and responsibilities of each party;
4. The standard of living enjoyed before the marriage broke down;
5. The ages of the parties and any disabilities (physical or mental);
6. The length of the marriage;
7. Any contributions likely to be made for the welfare of the family;
8. Any relevant conduct; and
9. Whether compensation for relationship-generated disadvantage is merited.
Applications for a variation of maintenance can be finely balanced and require a commercial approach to ensure that the costs of bringing an application do not outweigh any potential reduction in maintenance. We are experts in assessing the merits of such claims and can advise you on whether to proceed, and the likely outcome of seeking a capitalisation.
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Matters involving children require specialist expertise, sensitivity, and a genuine understanding of your situation. At Payne Hicks Beach, our experienced solicitors are dedicated to protecting your children’s interests, your family, and your privacy while working towards the best possible outcome.
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Why Choose Payne Hicks Beach for Family Law?
Recognised by Chambers HNW (Band 1) and Legal 500 for specialist expertise in children law, strategic advice, and the handling of high-complexity cases. Our team includes some of the most experienced children law practitioners in England and Wales. In 2024, the firm won Family Law Team of the Year at the Chambers HNW Awards, reflecting the depth and quality of our practice across all areas of family law, including private children work.
Our children law practice spans the full breadth of private children work. We advise on Child Arrangements Orders regulating where a child lives and their time with each parent; Specific Issue Orders resolving disputes about education, medical treatment, or other aspects of a child’s upbringing; and Prohibited Steps Orders preventing one parent from taking action that the other parent opposes. We are experienced in assisting a parent acquire parental responsibility and in domestic and international relocation cases acting for either the relocating parent or the parent wishing to retain the status quo. Our team is also experienced in child abduction proceedings, wardship, special guardianship, child protection, surrogacy, and adoption. We also deal with applications under Schedule 1 of the Children Act 1989 (financial provision for unmarried parents). Whatever the nature of the issue, the child’s welfare remains at the centre of our advice.
We provide a bespoke service with the utmost sensitivity and discretion. Children proceedings are already held in private by default, but we go further, advising clients from the outset on how to minimise the footprint of any dispute. We are experienced in all aspects of non-court dispute resolution, including mediation, arbitration, and private hearings, and we actively explore these routes before any court application is considered. For high-profile clients or those with particular reputational concerns, we can work alongside our colleagues in dispute resolution and privacy law to ensure that any associated proceedings, whether injunctions, confidentiality applications, or media management, are handled as part of a single coordinated strategy. We are committed to ensuring that your family’s privacy is protected throughout.
International children law is one of the most technically demanding areas of family practice, and our team has substantial experience. We act in both Hague and non-Hague Convention child abduction cases, leave to remove applications (where a parent seeks to relocate a child abroad), and wardship proceedings. We have an established network of trusted family lawyers in key jurisdictions and regularly assemble cross-border teams to protect our clients’ positions wherever the dispute arises.
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Frequently Asked Questions
No. Remarriage brings to an end maintenance obligations.
You can bring an application but the position is not clear-cut as to whether you will be successful. The court has broad discretion and will consider how permanent and stable the new relationship is.
Yes. If the payer has significant funds that they did not have at the time of separation then it is possible to apply to capitalise maintenance. This is done by way of actuarial tables, known as Duxbury tables, which enable lawyers to calculate the appropriate amount of lump sum that should be paid.
