Spousal maintenance is a complex area of family law as there are several factors to consider. The focal issue is often whether both parties can support themselves financially after divorce. The common example is a marriage where one party has given up work to raise the children whilst the other acts as the breadwinner. That party may struggle financially when the marriage ends and therefore additional support should be considered.
This article explores your common questions.
What is spousal maintenance?
Maintenace, or periodical payments as they are often known act as additional support for one party whilst they adjust to supporting themselves alone. The payments can be made monthly, yearly or as a capitalised lump sum.
Am I entitled to spousal maintenance?
It can be difficult to provide a simple yes or no answer as your financial circumstances and those of your ex-partner need to be considered as well as needs. All marriages are different and so are divorces so it is always advisable to seek specialist advice to get a better understanding of any entitlement.
How much will I get?
There is no set formula in calculating spousal maintenance as it depends on your individual circumstances. Usually, you would consider your income and outgoings after divorce and what any shortfall may be. Your ex-partner’s income and outgoings also need to be considered as if they will need to be able to support themselves as well as you.
It is important to note that any need must be reasonable. The court are unlikely to award spousal maintenance for frivolous purposes.
How will it be paid?
It is common for spousal maintenance to be paid on a monthly basis, usually to cover living or housing costs. Payments may also be made yearly if it is more appropriate.
In cases where a clean break is sought, spousal maintenance could be capitalised. For example, if your entitlement was calculated at £10,000 per year for 5 years, you might agree to receive a lump sum of £50,000 instead or perhaps a larger share of the family home. This would allow a clean break to be effected and you would have a lower risk of any issues arising with payments each year.
You could also receive both a capitalised payment and monthly payments if the circumstances dictate.
Will I receive spousal maintenance forever?
Not necessarily. You may receive payments for a fixed-term, such as 5 years, so you have time to adjust to your new circumstances. For particularly long marriages, maintenance may be paid indefinitely, but there is no guarantee.
Remember – If you remarry, you will no longer be entitled to spousal maintenance.
How do I apply for spousal maintenance?
It is advisable to try and reach an agreement with your ex-partner outside of the court arena usually by way of mediation or via solicitor negotiations. Resolving matters between yourselves is not only cost-effective, but can also save time which is crucial if you are the party in need of additional support.
If no agreement can be reached, an application to the court may be necessary and you should seek advice from a family law specialist for guidance on the process.
I’ve lost my job, do I still have to pay maintenance?
If your circumstances have changed it is important to seek legal advice promptly to ensure you do not breach any orders or agreements. You may need to approach the court to seek an order ceasing your obligation to pay maintenance.
I need more help, can I ask for more maintenance?
Usually, a financial order will permit both the payer and payee to apply for a variation to the maintenance payments. However, there must be a necessary and legitimate reason for the variation.
Our solicitors at E J Coombs are family law specialists and well-versed in dealing with maintenance claims. If you have questions, why not arrange to speak with one of our team today?
