Duration of spousal maintenance orders: MCA 1973 s. 28
Under MCA 1973 s. 28, spousal periodical payments cannot start before the application date and end upon death, remarriage, or civil partnership.
Subject in the case of an order made on or after the making of a divorce or nullity of marriage order to the provisions of sections 25A(2) above and 31(7) below, the term to be specified in a periodical payments or secured periodical payments order in favour of a party to a marriage shall be such term as the court thinks fit, except that the term shall not begin before or extend beyond the following limits , that is to say— in the case of a periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death of either of the parties to the marriage or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the periodical payments order is made; and in the case of a secured periodical payments order, the term shall begin not earlier than the date of the making of an application for the order, and shall be so defined as not to extend beyond the death or, where the order is made on or after the making of a divorce or nullity of marriage order, the remarriage of , or formation of a civil partnership by, the party in whose favour the secured periodical payments order is made. Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made on or after the making of a divorce or nullity of marriage order, the court may direct that that party shall not be entitled to apply under section 31 below for the extension of the term specified in the periodical payments or secured periodical payments order Where a periodical payments or secured periodical payments order in favour of a party to a marriage is made otherwise than on or after the making of a divorce or nullity of marriage order, and the marriage in question is subsequently dissolved or annulled but the periodical payments or secured periodical payments order continues in force, that order shall, notwithstanding anything in it, cease to have effect on the remarriage of , or formation of a civil partnership by, that party, except in relation to any arrears due under it on the date of the remarriage or formation of the civil partnership . If after the grant or making of a decree or order dissolving or annulling a marriage either party to that marriage remarries whether at any time before or after the commencement of this Act or forms a civil partnership , that party shall not be entitled to apply, by reference to the grant or making of that decree or order, for a financial provision order in his or her favour, or for a property adjustment order, against the other party to that marriage. See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section sets the legal limits on how long spousal maintenance payments (periodical payments or secured periodical payments) can last between former spouses. A court cannot order payments to begin before the date the application for the order was submitted. Payments end automatically upon the death of either spouse or when the receiving spouse remarries or enters a civil partnership.
When granting a divorce or nullity order, the court may explicitly rule that the receiving spouse is not permitted to apply under section 31 for an extension of the maintenance term. If a maintenance order was made before a divorce is finalised, it automatically ceases to have effect if the recipient remarries or forms a civil partnership, though existing arrears accrued before that date remain collectable.
Finally, this section creates a complete bar on new financial claims after remarriage. Once a former spouse remarries or enters a civil partnership following a divorce or annulment, they lose the right to apply against their ex-spouse for financial provision orders or property adjustment orders.
When it applies
- A former spouse receiving monthly spousal payments remarries, automatically terminating the ex-spouse's ongoing maintenance obligation.
- A divorced person who has remarried attempts to file a court application seeking a share or transfer of their former spouse's home.
- A person paying maintenance dies, terminating an unsecured periodical payments order made in favour of their former spouse.
- A court grants a term-limited spousal maintenance order upon divorce and includes a direction blocking any future extension applications.
What this section does not say
- Child maintenance order durations and age limits, which are governed separately under section 29.
- Applications to vary or discharge ongoing maintenance amounts, covered under section 31.
- Repayment of maintenance sums mistakenly paid after a recipient remarried, governed by section 38.
Related sections
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This page reproduces the text of MCA 1973 s. 28 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.