How quickly can I get maintenance pending suit?

Once you apply, the court will usually list a short hearing within a few weeks. In urgent cases, you can ask for the application to be dealt with more quickly. The whole process from application to order typically takes 4 to 8 weeks, but this varies by court. If your situation is genuinely urgent (for example, you cannot pay rent or buy food), make this clear in your application.

How much will I receive?

There is no fixed formula. The court looks at your immediate needs and your ex's ability to pay. The judge considers your income, essential outgoings, and what is reasonably needed to keep you going until the final financial order. It is not meant to be generous — it is meant to bridge the gap.

Does MPS affect the final settlement?

MPS is a temporary measure and does not directly determine the final financial order. However, the court is aware of what has been paid. If one person has been paying MPS, this might be taken into account in the overall picture at the final hearing, particularly when considering ongoing spousal maintenance.

Can my ex be ordered to pay my legal costs?

You can apply for a legal services payment order under Section 22ZA of the Matrimonial Causes Act 1973. This is a separate application from MPS, but they are often made at the same time. It allows the court to order your ex to contribute towards your legal costs so you can participate properly in the proceedings.

What if my ex ignores the order?

An MPS order is a court order. If your ex does not pay, they are in contempt of court. You can apply to enforce the order through various methods including an attachment of earnings order, a third-party debt order, or ultimately committal proceedings. Keep records of every missed payment.

Maintenance Pending Suit — Getting Financial Support During Divorce

If you are going through a divorce and struggling financially because your ex was the main earner, you do not have to wait until everything is finalised to get help. Maintenance pending suit (MPS) is a way to ask the court for temporary financial support while your financial remedy case is being sorted out. This guide explains what it is, how to apply, and what to expect.

What is maintenance pending suit?

Maintenance pending suit — sometimes called "interim maintenance" — is a temporary payment that the court can order one spouse to pay the other while divorce and financial remedy proceedings are ongoing. It is designed to bridge the gap between separation and the final financial order.

MPS is set out in Section 22 of the Matrimonial Causes Act 1973. It only lasts until the final financial order is made (or the divorce petition is dismissed). It is not the same as spousal maintenance, which is a longer-term arrangement that might be part of your final settlement.

Think of MPS as emergency support — it keeps the lower-earning spouse afloat while the court works through the bigger financial picture.

Why it matters

Divorce takes time. Financial remedy proceedings can take 6 to 12 months or longer. During that time, you still need to pay rent or mortgage, buy food, keep the lights on, and look after your children. If your ex controlled the finances or was the main earner, you might suddenly find yourself with very little income.

Without MPS, you could be forced to accept an unfair settlement simply because you cannot afford to wait. MPS levels the playing field by making sure both sides can meet their basic needs while the case is ongoing.

MPS is particularly important if:

You gave up work or reduced your hours to care for children
Your ex has cut off access to joint accounts or stopped contributing to household bills
You need to pay rent on a new home after separation
You have very little income of your own

What happens

Here is the process for applying for maintenance pending suit:

You must have started financial remedy proceedings. MPS can only be ordered once you have issued your application for a financial order (Form A). If you have not filed Form A yet, you need to do that first.
Make the application. You apply for MPS by filing a separate application (Form D11) within your existing financial remedy case. In the application, set out your income, your essential outgoings, and why you need interim support.
Provide evidence. You will need to show the court a clear picture of your financial position. Prepare a simple schedule of your monthly income and essential expenses — rent/mortgage, utilities, food, transport, childcare, and similar basics. If your Form E is already filed, refer to it.
The hearing. The court will list a short hearing, often dealt with in under an hour. The judge considers both sides' incomes and needs. They do not carry out a full Section 25 analysis — this is a quick assessment based on obvious needs and obvious ability to pay.
The order. If the judge agrees, they will order a specific monthly amount to be paid, usually from a set date. The order lasts until the final financial order is made or the proceedings are dismissed.
Payment. Your ex must start paying as directed by the court. Payments are usually monthly.

What you need to do

Apply for financial remedy first. You cannot get MPS without a live financial remedy application (Form A).
Prepare a clear income and expenses schedule. Keep it simple and honest. List your monthly income from all sources and your essential monthly outgoings. Do not inflate your figures — the court will see through it and it damages your credibility.
Gather evidence of your ex's income. If you know what your ex earns, include this. Payslips, tax returns, or even job listings showing typical salaries for their role can help.
File Form D11. This is the general application form used to ask the court for specific orders within existing proceedings. State clearly that you are applying for maintenance pending suit under Section 22 of the Matrimonial Causes Act 1973.
Consider applying for a legal services payment order at the same time. If you cannot afford legal representation and your ex can, Section 22ZA allows the court to order your ex to fund your legal costs. This is a separate application but is often dealt with alongside MPS.
Act quickly. If you are in financial difficulty, do not wait. The sooner you apply, the sooner support can start.

What could go wrong

Waiting too long to apply. MPS is there for a reason — use it early if you need it. Every month you struggle without applying is a month of unnecessary hardship.
Not having your figures ready. The judge needs to see clear numbers. If you turn up without a schedule of income and expenses, the hearing may be adjourned, delaying everything.
Asking for too much. MPS is meant to cover reasonable needs, not maintain a lavish lifestyle. The court will look at what is genuinely necessary. Asking for an unrealistic amount can backfire.
Not mentioning urgent circumstances. If you truly cannot pay rent or feed your children, say so explicitly in your application. The court can expedite urgent cases, but only if you tell them it is urgent.
Assuming MPS replaces child maintenance. MPS is spousal support only. Child maintenance is a separate matter usually dealt with through the Child Maintenance Service (CMS), although the court can make orders for children in some circumstances.

Where to get help

Citizens Advice — Free advice on financial support during divorce: citizensadvice.org.uk
Support Through Court — Free help for people representing themselves: supportthroughcourt.org or call 03000 810 006
Rights of Women — Free legal advice for women on family law: rightsofwomen.org.uk or call 020 7251 6577
Turn2us — Benefits calculator and grants search if you are struggling financially: turn2us.org.uk
MoneyHelper — Government-backed money guidance: moneyhelper.org.uk
Child Maintenance Service — For child maintenance (separate from MPS): gov.uk/child-maintenance-service