Leaving an abusive relationship takes immense courage, particularly when there are financial uncertainties involved. Survivors often worry about how they will support themselves once they’ve separated from their partner, especially if they have been financially dependent during the relationship. One common concern is whether they can still claim spousal maintenance after leaving an abusive partner. This blog answers some of the key questions around this issue and offers guidance for anyone facing this situation.
What Is Spousal Maintenance and Who Is Eligible?
Spousal maintenance refers to regular financial payments made by one spouse to the other after separation or divorce, intended to help the financially weaker party maintain a reasonable standard of living. It is typically awarded where there is a significant income disparity between the two parties, and the receiving spouse cannot meet their needs without financial assistance.
In abusive relationships, it is not uncommon for one partner to have had control over the finances. Victims may have given up careers, faced restrictions on working, or been subjected to financial coercion. In such cases, claiming spousal maintenance can be a vital step towards rebuilding financial independence and security.
The court assesses several factors when deciding whether to award spousal maintenance. These include the length of the marriage, the age and health of the parties, their income and earning capacity, contributions made during the marriage, and the financial needs of both parties. The existence of domestic abuse can also influence the court’s decision, especially if it has had a long-term impact on the survivor’s ability to earn or function independently.
Can I Still Claim Spousal Maintenance If I’ve Already Left the Relationship?
Yes, you can still claim spousal maintenance even after you have left the relationship. There is no legal requirement to remain in the relationship to seek financial support. Leaving the abusive environment is often an essential step in starting legal proceedings safely.
Once you have separated, you can begin the process of applying for spousal maintenance, either through negotiation or court application. It is advisable to act sooner rather than later, especially if you are in financial need. Spousal maintenance claims are generally made as part of the divorce or dissolution process, but in some cases, they can be made even if divorce proceedings have not yet been initiated.
Leaving the home or relationship does not strip you of your rights. In many cases, survivors delay seeking legal support out of fear or confusion, but the law does provide for financial redress after separation, including the right to claim spousal maintenance.
How Does Domestic Abuse Impact My Spousal Maintenance Claim?
Domestic abuse—whether physical, emotional, financial, or coercive—can significantly impact your claim for spousal maintenance. Courts are increasingly aware of how abuse affects a person’s long-term financial prospects. If the abuse prevented you from working, damaged your mental health, or led to long-term trauma, this may be considered when the court assesses your need for ongoing financial support.
Additionally, if your former partner continues to be controlling or attempts to use financial arrangements as a way to exert pressure or control post-separation, it is essential to document this and seek professional legal advice. This behaviour could be relevant to the court’s assessment and may also necessitate protective measures.
Domestic abuse solicitors are experienced in helping clients who are navigating both the trauma of abuse and the complexity of financial separation. They can help build a strong case for spousal maintenance by demonstrating how the abuse has directly impacted your financial independence and prospects.
Do I Have to Go to Court to Claim Spousal Maintenance?
Not necessarily. Many spousal maintenance arrangements are agreed upon through negotiation or mediation. However, where there is a history of abuse, mediation may not be safe or appropriate. In such cases, court proceedings may be the most secure route to ensure fair treatment and protection.
Going to court may feel daunting, but it can offer clarity and enforceability. If the court grants a maintenance order, your ex-partner will be legally obliged to make payments, and enforcement options are available if they fail to do so. In cases involving domestic abuse, courts may take a more sympathetic view and can also put safeguarding measures in place during hearings.
Whether or not you go to court, having legal representation or guidance from domestic abuse solicitors can be invaluable. They can ensure that your rights are protected and help you obtain the financial support you need.
What If I’m Concerned About My Safety During Legal Proceedings?
If you are concerned about your safety during the legal process, some steps can be taken to protect you. For example, courts can allow you to attend hearings via video link or from a separate room to avoid direct contact with your ex-partner.
In some cases, non-molestation orders or occupation orders can be obtained to provide immediate protection. These legal tools can prevent the abuser from contacting you or entering your home. Solicitors specialising in domestic abuse will be able to advise on which protective orders may be suitable in your case and help you apply for them quickly.
It’s also important to speak to support organisations or charities that offer emotional and practical help to survivors. They can provide housing advice, counselling, and financial support while your legal arrangements are being finalised.
How Long Does Spousal Maintenance Last?
The duration of spousal maintenance depends on the circumstances. Some payments are set for a limited period (often called term maintenance) to allow the recipient time to become financially independent. Others may continue indefinitely, especially in long marriages where one partner has no realistic prospect of returning to work due to age, health, or trauma.
The court also has the discretion to order a “clean break” where no ongoing maintenance is awarded, usually through a lump sum settlement. However, in abusive relationships, ongoing maintenance is more commonly awarded to provide stability during recovery and transition.
It’s important to note that either party can apply to vary a maintenance order if their financial situation changes significantly—for example, if the paying partner retires or the receiving partner finds employment.
Where Can I Get Help and Advice?
If you’re considering claiming spousal maintenance after leaving an abusive relationship, seeking legal advice early on is crucial. Speaking to domestic abuse solicitors can help you understand your rights and build a case based on your unique circumstances. Several charities and organisations in the UK support survivors of domestic abuse with legal advice, housing, benefits, and emotional support. Your GP, local council, or support worker may be able to refer you to services that can help. Legal aid may be available in some cases, particularly where there is evidence of abuse. You should ask your solicitor whether you qualify, as it can significantly reduce the financial burden of pursuing a claim.
Final Thoughts
Leaving an abusive relationship is one of the bravest decisions a person can make. Financial uncertainty should not be a barrier to safety and recovery. The law recognises the lasting effects of abuse and provides mechanisms—such as spousal maintenance—to help survivors get back on their feet. If you’re in this situation, know that help is available. With the right support and legal advice, it is entirely possible to secure the financial resources you need to move forward and rebuild your life.
