If you're separating from your spouse and struggling financially, you may have heard about something called Maintenance Pending Suit or MPS. But what is it, and when is it actually worth applying for?
What is Maintenance Pending Suit (MPS)?
MPS is short-term, court-ordered financial support paid by one spouse to the other after separation—but before your full divorce finances are sorted out. It's designed to help with day-to-day living expenses while your case is ongoing.
Think of it as a “holding payment” to keep things stable until the final decision is made.
When Might MPS Be Appropriate?
You may be able to apply for MPS if:
- You don’t have enough income to cover your basic living costs.
- You’re waiting for the court to divide your assets, but that process will take several months.
- You’ve lost access to joint funds or support since the separation.
For example:
- A stay-at-home parent with no income might apply for MPS to cover rent or groceries.
- Someone who had previously relied on a higher-earning spouse may need short-term help until the financial settlement is reached.
What Does the Court Look At?
The court doesn’t do a full analysis of assets at this stage. Instead, it looks at:
- Your current income and reasonable outgoings.
- The other party’s income and ability to pay.
- Whether your request is reasonable and fair, not excessive.
The test isn’t about what you “want” or what you’ll eventually get—it’s about meeting essential needs in the short term.
When Might It Not Be Worthwhile?
Courts take a dim view of small or tactical applications—especially if:
- The final hearing is just around the corner.
- You have savings or income to meet your needs in the meantime.
- The cost of applying is more than the amount you’re asking for.
In a recent case, DSD v MJW [2025], a wife applied for £500 per month for three months—just £1,500 in total. But the legal costs ended up being over £12,000. The judge called it a “bad application” and warned against wasting court time and money on low-value claims.
Top Tips Before Applying for MPS
- Be realistic about what you need and what the court will allow.
Apply early—preferably at or just after your first court appointment.
Talk to your solicitor about alternatives (e.g. interim payments from joint savings).
Be mindful of costs—don’t spend £5,000 to argue for £1,000.
Final Word
MPS can be a vital financial lifeline—but it’s not for everyone. If you're unsure whether it's right for you, speak to your solicitor early in the process. A well-timed, reasonable request can help keep things steady. A last-minute, tactical application could do more harm than good.
