What is a Joint Lives Order?
When couples divorce, two of the most important issues to resolve are child arrangements (if applicable) and financial arrangements. Married couples will remain financially tied even if they divorce or have negligible assets, meaning it is vital that an agreement is reached or the Court imposes an Order. An issue that can arise under this umbrella, is whether one spouse should continue to provide financial support to the other (known as ‘spousal maintenance’). In some cases, the Court will make what is known as a ‘Joint Lives’ Order where circumstances are appropriate.
This Order is a form of spousal maintenance where the paying spouse must provide ongoing financial support to the receiving spouse (most commonly per month), which lasts the duration of the ‘joint lives’ of the parties. The Order will end when one of the parties dies, the receiving spouse remarries, or the Court makes a further Order. Unlike general spousal maintenance in England and Wales, there is no set end date. Payments continue indefinitely unless circumstances change.
These Orders will usually be made where the receiving spouse cannot reasonably be expected to achieve financial independence - perhaps due to age, health or having been out of the workplace for a long time. A typical example of where this Order may be appropriate is after a long marriage where there is a large disparity in the earning capacities of the parties, and there is no realistic prospect of the recipient returning to work for the foreseeable future or being self-sufficient.
Due to the fact these Orders create long term financial ties, they are rarer as the Court prefer to limit spousal maintenance where possible. Joint Lives are now much less common and are often subject to criticism due to the duration of the burden that’s been imposed. The primary principle is to encourage a ‘clean break’ between former spouses and the Joint Lives Orders therefore go against this guidance, as an exception. In some cases, the Court do require an avenue to provide ongoing support if this is the only avenue to achieve fairness. At this point, Joint Lives Orders can come into play.
These Orders are becoming more rare, with practitioners dealing with Joint Lives primarily on the basis of needing to vary. There are several factors that can feed into this downturn, most importantly the Court's emphasis on the 'clean break' principle being more embedded, socioeconomic changes meaning both parties tend to work or return to work after having children, and the Court using their discretion to keep more control over the terms (with pressure from authorities usually determining that Joint Lives must be a last resort).
Variation
Joint Lives may be varied or brought to an end in certain circumstances. Either party may apply to the Court to vary the Order, at any time. However, the timing is crucial in terms of whether it will succeed. Reasons for variation may include changes in income, changes in needs, cohabitation / remarriage, or retirement.
When deciding whether to vary, the Court will consider the original reason behind the Order, the financial needs and resources of each party (now and not during the previous proceedings), changes in circumstances, and whether a clean break is now achievable. The Court has wide discretion and can therefore reduce, increase, suspend, or end the payments, depending on what is fair. It is for this reason that variation should not be applied for, unless there is a material difference in the financial picture.
Before applying to vary, mediation is recommended. This is important, as an agreement may be reached without the need to return to Court. However, if no agreement can be reached, an application may be made to vary or discharge the Order. The applying party needs to be aware that updated financial disclosure will be required. The Court must re-assess the situation having regard to full evidence, and not based on the submissions of what money is now available. If the paying party is fast approaching, or has reached, a stage where payments are simply not possible for them to meet their own needs, this is an indication that the Order should likely come to an end. Simply changing job roles, or taking a small pay deduction, is generally not sufficient.
The Court are more likely to consider the fairness of variation in instances such as retirement, significant income depletion (and not deemed to be deliberate) or the receiving party becoming self-sufficient with recourse to other finances.
Whilst practitioners are seeking a phasing out of the imposition of these Orders, it is vital that clients are aware that they are still within the Court’s discretion to hand down. You should always seek legal advice if you are unsure about a proposal for Joint Lives Orders (and whether your circumstances warrant this) or whether you are in a proper position to seek a variation or discharge of the terms.
Chloe Howells joined the firm as a Paralegal in 2025 after graduating with First Class Honours in Law. She developed a strong interest in Family Law through hands-on advice work at Nottingham Law School Legal Advice Centre and brings valuable experience from criminal defence practice.
Bilingual in Welsh and English, Chloe supports accessibility across the firm and has a particular interest in cohabitation and TOLATA matters.
