The law on maintenance should be reformed to provide a formulaic approach

Rebecca Gardner Winner of 4PB’s 2024 Financial Remedy Essay Competition

This article examines the challenges within the law of spousal maintenance in English family law highlighting the unpredictability and inconsistency of the discretionary framework under s 25 of the Matrimonial Causes Act 1973. While the flexibility of this framework aims to ensure fairness it often leads to conflicting interpretations and uncertain outcomes particularly for households with modest incomes. Key cases such as White v White and Miller v Miller introduced the principles of needs compensation and sharing but their inconsistent application leaves divorcing couples uncertain about financial settlements.

A formulaic approach incorporating a rebuttable presumption of time-limited maintenance could address these issues by promoting financial independence and reducing litigation costs which are often exacerbated by the financial and emotional strain of divorce. Drawing on models from Australia and Scotland such reforms could establish clearer guidelines while retaining judicial discretion for exceptional circumstances. These reforms would enhance consistency fairness and efficiency enabling couples to enter negotiations with a better understanding of their likely financial outcomes thereby...