Regular, ongoing payments made by one party to the other. In family law it comes in two main types: spousal maintenance (payments to a former husband, wife, or civil partner for their own support) and child maintenance (payments for a child's upbringing, usually handled by the Child Maintenance Service). Spousal maintenance is ordered by the court; child maintenance is usually dealt with by the CMS. Maintenance is also called 'periodical payments' because it's paid at regular intervals rather than as a one-off.
In Plain English
These are regular payments, usually monthly, that one person gives to their ex-partner or for their children. It is designed to help cover daily living costs after the split.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #41
The assumption
My ex stopped paying the mortgage. I can apply to court and they will make him pay his half.
The reality
You can seek maintenance pending outcome of proceedings for temporary support during divorce proceedings, but outcomes are not guaranteed. Courts assess income and needs to determine what’s feasible. As joint borrowers, both parties typically remain liable to the lender, who may pursue either for full payment regardless of the divorce status.
Gap #47
The assumption
The other parent verbally agreed to pay half the nursery fees but is now refusing. Can I enforce that?
The reality
In practice, verbal agreements about childcare costs are often not enforceable unless they are formalized in a court order, for example a consent order in divorce proceedings or an order under Schedule 1 Children Act 1989 where the court has power. A child arrangements order cannot deal with money. The Child Maintenance Service typically addresses regular maintenance but does not enforce additional costs like nursery fees, which should be documented to be recognized by the court.
Gap #148
The assumption
We both have jobs so income needs aren't really a dispute.
The reality
Monthly shortfalls, maintenance, children's costs, debts, and living expenses are all in scope. If you haven't agreed a realistic budget for each household, the answer on your ES1 should not be Yes — even if both people are employed.
Gap #191
The assumption
I have been living with my partner for 15 years, we haven't got any children. Surely under law I am now his common-law wife, which means I will therefore be entitled to the same rights as a married woman?
The reality
There is no such thing as a 'common-law wife' in England and Wales. No matter how long you cohabit, unmarried partners do not acquire the same legal rights as married couples — no automatic claim on each other's property, maintenance, or inheritance. (Family Law Act 1996)
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