How many years do you have to be married to get spousal support?

In England and Wales, spousal support often referred to as spousal maintenance, being a financial provision that one spouse may be required to pay to the other following a divorce. However, there is a widespread misconception that a specific length of marriage automatically entitles someone to this support.

No Fixed Marriage Duration for Spousal Support

There is no minimum or maximum duration of marriage that automatically qualifies or disqualifies someone for spousal maintenance. The Matrimonial Causes Act 1973, which governs divorce and financial remedies, does not set a specific time threshold. Instead, whether spousal maintenance is awarded, and for how long, depends on a range of factors tailored to the circumstances of each individual case.

The length of the marriage is just one of many considerations, and its significance varies depending on the marriages own unique set of circumstances, for example, a short marriage of a few years might still result in spousal maintenance if one spouse has significant financial needs, and/or possibly a period of time before marriage should and must be taken into account, being the period of cohabitation. While a longer marriage does not guarantee it if both parties are financially independent and able to support themselves in income and capital.

What Factors Influence Spousal Maintenance?

When deciding whether to award spousal maintenance, the court’s primary aim is to achieve fairness. Section 25 of the Matrimonial Causes Act 1973 outlines the factors that judges must consider, include:

• Income, Earning Capacity, Property, and Other Financial Resources

The court examines the current and reasonably foreseeable future income, earning potential, property, and financial resources of both parties, including any resources likely to be available.

• Financial Needs, Obligations, and Responsibilities

The court considers the financial needs, obligations, and responsibilities each party has or is likely to have in the foreseeable future, such as housing, living expenses, or debts.

• Standard of Living During the Marriage

The court takes into account the standard of living enjoyed by the family before the marriage broke down, though this is less decisive if resources are limited.

• Age of Each Party and Duration of the Marriage

The age of both spouses and the length of the marriage (including any period of pre-marital cohabitation that seamlessly led to marriage) are considered, as these can affect earning capacity and financial needs.

• Physical or Mental Disabilities

Any physical or mental disabilities of either party are factored in, as they may impact earning capacity or financial needs.

• Contributions to the Welfare of the Family

The court considers contributions made by each party to the family’s welfare, including financial contributions, homemaking, and childcare, whether made in the past, present, or likely in the future.

• Conduct

The court may consider the conduct of either party, but only if it is so serious that it would be unfair to ignore (e.g., extreme financial misconduct). Minor conduct issues are typically disregarded.

• Value of Benefits Lost Due to Divorce

The court looks at any benefits either party might lose because of the divorce, such as pension rights or other financial advantages.

Additionally, where there are minor children of the family (under 18), Section 25(1) prioritises their welfare as the court’s first consideration, ensuring their needs (e.g., housing and maintenance) are addressed before dividing resources between the spouses.

The court has broad discretion to these factors, and no single factor takes precedence, except the welfare of minor children. The overarching goal is fairness, often guided by principles like equal sharing of matrimonial assets, meeting needs, and compensation for relationship-generated disadvantages, as shaped by case law

The court also considers the principle of a “clean break,” where possible, meaning both parties become financially independent after the divorce. However, in cases where one spouse cannot meet their reasonable needs without support particularly after a long marriage or where children are involved spousal maintenance may be ordered.

How Does the Length of Marriage Impact Maintenance?

While there’s no strict rule, the length of marriage can influence the duration and amount of spousal maintenance:

• Short Marriages, maintenance is less common unless there are compelling reasons, if awarded, it’s often for a fixed term to help the receiving spouse transition to financial independence.
• Medium-Length Marriages, maintenance may be awarded if one spouse has financial needs that cannot be met through their own income or capital. The duration might be limited to a set period, reflecting the time needed to adjust.
• Long Marriages, the court are more likely to consider ongoing maintenance, particularly if one spouse was financially dependent, for example, due to childcare responsibilities or limited earning capacity. However, even in long marriages, maintenance may not be indefinite, the court will encourage independence where possible

Types of Spousal Maintenance Orders

Spousal maintenance can take various forms, depending on the case:

• Periodical Payments

Regular payments (e.g., monthly) for a fixed term or until a specific event, such as the receiving spouse remarrying, cohabitating with another, or the youngest child reaching 18.

• Joint Lives Orders

Payments continue until either spouse dies or the receiving spouse remarries. These are less common today, as courts favour fixed-term orders to promote independence.

• Nominal Maintenance

A token amount (e.g., £1 per year) to keep the possibility of future claims open, often used when finances are uncertain.

Practical Considerations

Seek legal advice early, we are able to assess your circumstances and provide tailored guidance. Every case is unique, and assumptions based on general advice can be misleading.  Always be prepared to disclose your income, assets, and reasonable financial needs. Transparency and disclosure is crucial in negotiations and court proceedings.

Take some time to think about your long-term needs.  Maintenance is just one part of a financial settlement. Other elements, like property division or pension sharing, may reduce or eliminate the need for ongoing payments.

Article dated: 25/04/2025