Maintenance pending suit — interim financial support while your financial case runs

REVIEWED BY: Sean McNamara on 2026-08-30

Financial remedy cases take months — meanwhile the bills don't stop. Maintenance pending suit (MPS) is the family court's answer: an order for interim periodical payments from one spouse to the other while the financial case is decided. This guide explains what MPS can and can't do. It is general information, not legal advice.

What MPS is

Interim maintenance — regular payments (usually monthly) from one spouse to the other during the currency of matrimonial proceedings (Matrimonial Causes Act 1973, section 22; equivalent provisions apply for civil partnerships)
Designed to meet your reasonable interim needs — food, housing costs, travel, essentials — not to pre-judge the final division
Lasts only until the final financial order is made, which then replaces it
The £321 Form A financial remedy application includes MPS claims — tick the MPS box on the Form A rather than making a separate application

What MPS can't do

No MPS in non-matrimonial cases: unmarried cohabitants have no MPS route — Schedule 1 children claims provide for the child (and child-related carer costs), not for a former partner's general maintenance
It can't normally secure a lump sum or property transfer interim (there are narrow legal-help routes for legal fees — see below)
It's needs-based, not punishment-based: the court won't award generous MPS to make a point about conduct

How courts set the amount

The leading authority (M v M) directs a broad-brush, needs-based approach:

The applicant's reasonable needs for the interim period (housing, food, utilities, travel, some living costs)
The respondent's ability to pay — on their disclosed income
Where the respondent controls the family money and won't provide, courts will award MPS based on the lifestyle evident during the marriage rather than letting secrecy starve the applicant into settlement

Interim legal services payment orders (ILSOs)

A related interim tool: where one spouse controls the family wealth and the other can't afford legal representation for the case, the court can order a payment to cover legal fees (legal services payment order, section 22ZA MCA 1973, applied interim). The applicant must show they can't get a litigation loan and have no other means. See our legal services payment order guide.

Applying for MPS

1. File Form A with the MPS claim ticked (part of the £321 fee; Help with Fees applies) 2. Serve a short interim statement of needs: your monthly budget, evidence of income, and the respondent's financial position as far as you know it 3. An interim hearing is listed — often paper-based or short; MPS awards are made on the documents more often than at contested hearings 4. The court sets payments until the final hearing, and the sum is taken into account in the final division (as an interim call on capital/maintenance)

Practical tips

Build a real budget: 12 months of bank statements converted into a monthly needs figure — realistic, not maximal; credible budgets win
Disclose your own income fully — MPS applicants must also disclose; hiding a salary destroys credibility
If the respondent is self-employed or opaque, say so and provide what you can — courts adjust for evasion, but you must flag it
Child maintenance is separate — apply to the CMS in parallel; MPS is about spousal support, not child support
MPS stops at final order — plan for the endgame: if maintenance continues, the final order sets it; if there's a clean break, MPS tapers into the settlement structure

Official links

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS or gov.uk. This page is general information and is not legal advice.

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.