Spousal Maintenance Calculator (UK)
Explore a monthly spousal-maintenance estimate using both households' income and budgets. Child maintenance is worked out first with the Child Maintenance Service formula; spousal maintenance then covers the receiving household's shortfall, limited to what the paying spouse can afford after their own needs.
1. The paying spouse (higher earner)
Used only for the Child Maintenance Service formula.
The CMS deducts these from gross income.
After tax, National Insurance and pension.
Housing, bills, travel and living costs after separation.
2. The receiving spouse's household
Pay, benefits and other income. Leave out child maintenance; it is added below.
3. Children and child maintenance
4. Background (optional, for how long it might last)
How spousal maintenance is worked out in England and Wales
There is no statutory formula and no fixed percentage of income. The Family Justice Council's guide for people sorting out their own finances puts it plainly: unlike child maintenance, there is no set formula for maintenance to a former partner. Instead, the court weighs the factors in section 25 of the Matrimonial Causes Act 1973. For maintenance, three questions do most of the work:
- What does the receiving household reasonably need each month? This is the budget in Part 3 of Form E, including the children's costs.
- What income does that household have, or could it reasonably earn? Pay, benefits and child maintenance all count.
- What can the paying spouse afford? That means their income after child maintenance and their own reasonable needs.
The calculator takes the gap from the first two questions and limits it by the third. Both people exchange budgets, so an inflated budget on either side tends to be challenged. For a fuller explanation of the law, including when maintenance is refused altogether, read spousal maintenance: how much, how long and whether you will get it.
Step 1: child maintenance comes first
Child maintenance is a separate obligation, usually arranged privately or through the Child Maintenance Service rather than by the court. The CMS formula uses the paying parent's gross weekly income, less pension contributions, counted up to £3,000 a week:
| Gross weekly income | 1 child | 2 children | 3 or more |
|---|---|---|---|
| Below £7 (nil rate) | £0 a week | ||
| £7 to £100 (income-based flat rate) | £7 a week | ||
| £100.01 to £199.99 (reduced) | £7 + 17% over £100 | £7 + 25% | £7 + 31% |
| £200 to £800 (basic) | 12% | 16% | 19% |
| £800.01 to £3,000 (basic plus, on the part over £800) | 9% | 12% | 15% |
At the basic and basic-plus rates, counted income is reduced by 11%, 14% or 16% for other children the paying parent supports. The reduced rate has separate percentages for those circumstances. Shared care reduces the basic, basic-plus and reduced rates by one seventh for 52 to 103 nights a year, two sevenths for 104 to 155, three sevenths for 156 to 174, and half plus £7 a week per child for 175 nights or more, subject to a £7 weekly minimum. The income-based flat rate stays at £7; benefit-based flat rates have different shared-care rules that this tool does not model. Child maintenance received then counts as income for the receiving household.
Step 2: the shortfall, limited by what can be afforded
Subtract the receiving household's income, including child maintenance, from its reasonable monthly needs. That is the shortfall. Then take the paying spouse's take-home pay, less child maintenance and their own reasonable needs. That is what they can afford. The estimate is the lower of the two.
If the paying spouse can't cover the whole shortfall, the remaining gap doesn't vanish. It usually means both budgets get pared back, the receiving spouse is expected to increase their earnings over time, or capital (for example a larger share of the home) is used to meet needs instead. Use the divorce budget calculator to build an itemised needs figure that will stand up to questions.
Worked example
The paying spouse earns £62,000 a year, contributes £3,100 to a pension and takes home £3,750 a month, with reasonable needs of £2,100. The receiving spouse takes home £1,450 and the household, with two children, needs £3,300 a month. The children stay with the paying spouse about one night a week.
| Paying spouse's gross income, less £3,100 pension contributions | £58,900 a year (£1,129.59 a week) |
| Child maintenance, 2 children, basic plus rate | £167.55 a week |
| Less shared care, 52–103 nights (one seventh) | £143.61 a week, £622.31 a month |
| Receiving household: £1,450 take-home + £622.31 child maintenance | £2,072.31 a month |
| Receiving household's needs | £3,300.00 a month |
| Shortfall | £1,227.69 a month |
| Paying spouse: £3,750 take-home − £622.31 − £2,100 own needs | £1,027.69 a month spare |
| Estimated spousal maintenance (the lower figure) | £1,027.69 a month |
The paying spouse is left with exactly their own budget, £2,100, and £200 a month of the receiving household's stated needs is not met. In a negotiation, that is where both budgets would be examined line by line. Press Load worked example in the calculator to see these figures and change them.
How long spousal maintenance lasts
- Clean break first. The court must consider whether ongoing payments can end without undue hardship (section 25A). Where capital can meet needs, a clean break is often preferred.
- Term orders. A fixed term, often between two and five years, gives time to adjust or increase earnings. The Family Justice Council guide notes these are generally only likely once children are at least of secondary school age.
- Joint lives orders. Open-ended orders are still made, typically after long marriages where independence isn't realistic.
- Nominal orders. A token amount, such as £1 a year, keeps a claim open while circumstances settle.
- When it ends or changes. Remarriage of the receiving spouse or the death of either person ends payments (section 28). Either person can apply to vary the amount (section 31). A section 28(1A) bar prevents extending the term; it does not itself prevent a change to the amount during that term.
Where maintenance fits in Form E
Maintenance negotiations run on Form E figures: each person's income in sections 2.15 to 2.21, their monthly needs in Part 3, and the orders they want, such as periodical payments or a clean break, in Part 5, orders sought. The budget and income needs guide explains how to make Part 3 credible, and the complete Form E guide covers the rest. Once agreed, maintenance is written into a consent order to make it binding.
Frequently asked questions
Is there a formula for spousal maintenance in the UK?+
Not in England and Wales. Unlike child maintenance, there is no set formula. The court looks at each person's income and reasonable needs and at what the paying spouse can afford after their own needs and other obligations, such as child maintenance. This calculator applies that method to your figures; it cannot predict what a judge or your ex will agree.
How much spousal maintenance will I pay or receive?+
Broadly, the gap between the receiving household's reasonable monthly needs and its income (including child maintenance), limited to what the paying spouse has left after child maintenance and their own reasonable needs. Where there isn't enough for both budgets, both are usually trimmed.
Is child maintenance included in spousal maintenance?+
No. Child maintenance is separate and is worked out first, usually with the Child Maintenance Service formula. It counts as income for the receiving household and reduces what the paying spouse has left, so it is deducted before spousal maintenance is considered.
How long does spousal maintenance last?+
It can be for a fixed term, often between two and five years, or open-ended ('joint lives'). The court must consider whether payments can end without undue hardship (section 25A, Matrimonial Causes Act 1973). Term orders are less likely while children are young. Payments end automatically if the receiving spouse remarries or either person dies.
Does spousal maintenance stop if my ex moves in with a new partner?+
Not automatically. Remarriage ends it, but cohabitation does not. Cohabitation can be grounds to apply to reduce or end the order, and some orders are drafted to end after a period of cohabitation.
Can spousal maintenance be changed later?+
Yes. Either person can apply to vary an order if circumstances change, such as a job loss, a large pay rise or retirement (section 31). A fixed-term order can also include a bar preventing any extension (section 28(1A)), which is worth taking advice on.
Is spousal maintenance taxable in the UK?+
Spousal maintenance received under a UK order or agreement is not taxable income for the person receiving it, and the person paying gets no tax relief on it unless either of you was born before 6 April 1935.
Can I get a lump sum instead of monthly maintenance?+
Sometimes. Where there is enough capital, ongoing maintenance can be 'capitalised' into a one-off lump sum or a larger share of the assets, allowing a clean break. The settlement calculator models capital divisions.
Sources checked
- Family Justice Council, Sorting out Finances on Divorce (2024 edition)
- GOV.UK, How we work out child maintenance (updated 1 April 2026)
- GOV.UK, Shared care and child maintenance
- Matrimonial Causes Act 1973, sections 25, 25A, 28 and 31
- Law Commission, Financial remedies on divorce: scoping report (December 2024)
Child maintenance rates checked on 2 November 2026. The estimate assumes one receiving household and the same overnight care pattern for every child. It does not model benefit-based flat rates, equal day-to-day care, different care patterns, other receiving households, variations or court top-ups above the CMS income cap. In those circumstances, use the official child maintenance service and enter the CMS-calculated or agreed amount.
Written by
Ben Ayade
Founder of Divvio · Called to the Bar of England & Wales
Last updated
Updated 2 November 2026
Reviewed and refreshed when the article or guide is materially updated.
Why Divvio is qualified to help
- Divvio is built specifically for Form E and financial remedy workflows in England & Wales.
- The product includes guided Form E steps, settlement and budget calculators, document checklists, and official Form E PDF generation.
- This content is reviewed against the same explanations and workflows surfaced inside the app.
Put your income and needs into Form E
The figures behind any maintenance agreement come from Form E. Answer plain-English questions on income, needs and assets, then export the official HMCTS Form E when you're ready.