Spousal maintenance

Hope someone can help, I am currently divorcing my husband who is in prison will he be entitled to spousal maintenance as I am earning and he obviously isn't

SM is based upon need of recipient and ability to pay of the payee.
We don’t know if you have spare money after meeting your reasonable living costs but if your ex is in prison they won’t have a need.

It's going to depend on a lot of factors because spousal maintenance needs to pass two tests. First, the potential recipient needs to prove a need (a genuine need, not an "I can't be bothered to work" need) and second that the potential payer can afford it. Most spousal maintenance claims fail on the first test and most of the remainder fail on the second; it is rare and becoming rarer as a feature of divorce in England and Wales.

So, in terms of factors, if he's just out of prison and you earn £200k per annum for example, then it's likely he will have a need and you have the means. However, if you're earning anywhere south of £100k (or maybe even higher) then he's unlikely to prove you can afford it and if he's in prison for a long time to come then he's unlikely to prove he needs it.