Maintenance pending suit — income while the case runs

REVIEWED BY: Sean McNamara on 2026-08-28

What it is

Maintenance pending suit (MPS) is an order under s.22 Matrimonial Causes Act 1973 that one spouse pays the other a monthly interim sum while financial proceedings are running — so the lower-income party can meet day-to-day costs (housing, bills, basic living) before the final division is decided.

It exists because the final outcome can take months or years, and fairness demands the financially weaker party isn't left without funds meanwhile.

When it applies

Financial remedy proceedings are in progress (a divorce/petition has been issued or is being sought)
One party has no or insufficient income to maintain themselves during the case
The other party has the means to pay
Typically on an urgent/interim basis, pending the first appointment or final order

How much

The court orders "such periodical payments as the court thinks reasonable" — a needs-based figure from the payer's actual earnings, not a share of capital. It covers the applicant's reasonable day-to-day needs. There is a cap in the sense that it's interim, reversible, and taken into account in the final order (credit/off-set).

How to apply

Apply as part of the financial remedy application (Form A), or by a separate C2/ application in the pending case, supported by a statement of need (income/outgoings) and evidence of the payer's means (payslips, accounts)
It can be ordered before the first appointment; urgent applications are possible
The consent order at the end often recites what MPS was paid and how it's credited

Interaction with spousal maintenance at finality

MPS is not final. At the final financial remedy the court decides long-term spousal maintenance (periodical payments) or a clean break — and the MPS already paid is taken into account. If you've carried the bills via MPS, keep records: they inform the final quantum and any arrears question.

Practical notes for LiPs

Keep a running record of what MPS was ordered and paid
If the payer falls into arrears, enforce like any maintenance order (see our enforcement guide)
MPS is a private-law divorce finance remedy — it does not apply to cohabitants (see our cohabitation guide)

Official links

https://www.gov.uk/money-property-when-relationship-ends
Matrimonial Causes Act 1973 s.22: https://www.legislation.gov.uk/ukpga/1973/18/section/22

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.