Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Maintenance definition

What does Maintenance mean? Maintenance describes financial support paid by one person to a current or former spouse or civil partner, or for the benefit of a child, during separation, divorce/dissolution and afterwards. It is a descriptive term used across family law, with statutory regimes and case law guiding its assessment and enforcement. England & Wales and Northern Ireland: spousal/civil partner maintenance is commonly termed periodical payments, including interim “maintenance pending suit”; child maintenance/child support is primarily via the Child Maintenance Service (with court jurisdiction in limited cases, including Schedule 1 Children Act 1989 and for a “child of the family”). Scotland: support during a...

Calculating awards under the Inheritance (Provision for Family and Dependants) Act 1975: needs, section 3, Duxbury/Ogden, benefits, housing, and applicant-specific guidance (England and Wales)

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Practice notes

Where the court concludes that an applicant has not received reasonable financial provision, it may make an order under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975). The court’s powers extend to orders for:

periodic payments
a lump sum payment
the transfer of property
the settlement of specified or identified property
variation of an ante- or post-nuptial settlement
variation of the trusts on which the estate is held

In practice, the order most frequently made is a lump sum to the applicant. The foundation for any award is the concept of ‘reasonable financial provision’. For a spouse or civil partner, this denotes such financial provision as it would be reasonable, in all the circumstances of the case, for a spouse or civil partner to receive, whether or not needed for their Maintenance. Accordingly, provision can be of a capital nature, i.e. not confined merely to meeting regular ongoing income requirements and is not restricted to maintenance as appropriate in the circumstances of the case. For all other applicants, reasonable financial provision means such maintenance as ‘it would be reasonable in all the circumstances of the case for the applicant to receive for his...

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Richard Dew

Ten Old Square

Richard Dew's practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation). Chambers and Partners describe him as a “’superb junior,’ who combines strong academic credentials … with a flair for litigation and ADR”.He is a member of STEP and ACTAPS. He has experience at all levels of litigation (with two recent cases in the Court of Appeal) and considerable experience in the conduct of mediation and alternative dispute resolution. Richard is an editor of Tolley's Inheritance Tax Planning and the Trusts and Estate Practitioner's Guide to Mental Capacity. He is a contributor to the recent book on...

Web page updated on 21/05/2026

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