Should spousal maintenance be abolished? A modern perspective

Making the case for abolition and retention

clock • 4 min read

Spousal maintenance remains one of the most divisive issues in divorce cases. Here lawyers Amy Walpole and Karen Brennan make the case for and against its retention

The case for abolition One of the strongest arguments in favour of abolishing spousal maintenance is that it would encourage greater financial independence following divorce. The family courts already show an increasing preference towards transition-based awards designed to temporarily support the financially weaker spouse rather than provide lifelong support. Critics of ongoing maintenance argue that this can inadvertently discourage recipients from re-entering the workforce or pursuing career advancement or training. In contrast, it is argued that abolition would incentivise both ...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Your profession

CII and PFS celebrate more than 300 chartered graduates

CII and PFS celebrate more than 300 chartered graduates

347 graduate from CII and PFS

Sophia Panayi
clock 21 October 2026 • 2 min read
True Potential Wealth Management CEO calls for 'clear set of decisions' in upcoming Budget

True Potential Wealth Management CEO calls for 'clear set of decisions' in upcoming Budget

Short-term policy decisions ‘disturb’ advice landscape

Sophia Panayi
clock 20 October 2026 • 2 min read
PFS Festival of Financial Planning to focus on member stories and Next Gen

PFS Festival of Financial Planning to focus on member stories and Next Gen

PFS approaching festival in a ‘more young and vibrant way’

Sophia Panayi
clock 19 October 2026 • 3 min read