Maintenance pending suit

Maintenance pending suit 

Maintenance pending suit (“MPS”) is a form of interim financial support ordered by the court while matrimonial proceedings are ongoing. Its purpose is to ensure that the financially weaker spouse who cannot support his/her own living expenses from his/her own resources has reasonable support to meet recurring living expenses while the proceedings are pending and, where certain requirements are met, the financially weaker party may also require the financially stronger spouse to pay the weaker spouse’s legal expenses. 

It may be granted in proceedings for divorce, nullity, or judicial separation, and is intended to provide temporary assistance to a spouse who requires financial support before the final determination of the main suit. 

The main statutory provision governing MPS is section 3 of the Matrimonial Proceedings and Property Ordinance (Cap. 192). Under this provision, the court may order one spouse to make periodical payments to the other during the course of the proceedings. 

MPS is not a final financial settlement. It is an interim remedy designed to “hold the ring” between the parties until the court determines the suit, i.e. the pronouncement of the decree absolute. 

As stated above, in appropriate cases, MPS may also include provision for litigation funding, so that a spouse who lacks sufficient resources is able to participate properly in the proceedings and obtain legal representation.