Spousal maintenance is a financial payment from one spouse to the other following a divorce. It is designed to help the financially weaker party maintain a reasonable standard of living. These payments are typically made monthly and can be temporary or, in rare cases, last until one spouse’s death.
It is certainly a topic that generates the most debate about marital finances during a divorce.
Why Is Spousal Maintenance Necessary?
Marriage is a financial and emotional partnership. If one spouse makes a lot more money than the other, spousal maintenance helps prevent serious financial trouble after separation. It helps balance post-divorce financial realities, especially when one partner sacrifices career opportunities during the marriage.
Who Is Eligible For?
When you and your partner go through a divorce, each partner is entitled to spousal maintenance. However, you have to meet various requirements.
How to Start the Process
If you think you’re entitled to spousal maintenance, you can either:
- Agree informally: Negotiate directly with your spouse and finalise terms.
- Mediation: If direct discussions don’t work, engage a neutral mediator to help reach an agreement.
- Apply to the court: When no agreement is reached, the court will decide whether spousal maintenance is necessary and determine the amount and duration.
Under What Circumstances does The Court order Spousal Maintenance?
It is usually required when one of the spouses does not have enough assets or any feasible income to meet their basic needs. For example, if your ex-spouse makes a lower wage than you, or can’t support themselves right away.
With a few exceptions, the term “needs” is interpreted very broadly and is based on several factors. These factors include the assets available for distribution and the marital standard of living.
We are No Longer Together – Why Should I Pay Spousal Maintenance?
You are making a financial and emotional commitment when you marry. The law on divorce is structured around your future requirements. It is generally accepted that if one spouse has a significantly greater salary than the other, there may be a need for long-term financial assistance to avoid undue hardship or harm to any children’s well-being.
How Long Do Spousal Maintenance Payments Last?
Spousal maintenance payments will continue as long as both spouses agree it is necessary or until a court determines otherwise.
Spousal maintenance may be ended if the recipient gets remarried or enters into a civil partnership. It will also stop if one party dies. However, it will usually continue until the spouse can support themselves or their financial requirements are reduced, like school or university fees for children after divorce.
Spousal Maintenance Payments – Are They Guaranteed?
No, they are not guaranteed or fixed in any way. The court may vary or revoke spousal maintenance due to a change in circumstances. For example, if you cohabit with a new partner, receive an instant lump sum that allows you to sustain yourself, or if the person paying your support stops working, there may be many instances when the court changes or compels the payment.
How Is the Amount of Spousal Maintenance UK Decided?
Unlike child support, spousal maintenance has no specific formula. The couple or the court usually determines the payment amount based on the circumstances.
The amount one will have to pay for maintenance is determined by examining both spouses’ daily financial obligations and any child support obligations to decide who will pay for spousal maintenance.
After a divorce, some budgeting and adjusting may be required to assess a decrease in standard of living, and this may be required from both sides. However, if one side has a significant shortfall in its reasonable spending plan but the other side has more money than usual, it’s likely spousal maintenance would come into play.
What Expenses Go Into Spousal Maintenance Budgets?
A monthly budget consists of the following items: housing and utility bills, council tax, school expenses, clothing, vacations, presents, debt repayments, subscriptions, and more. The yearly charges (for example, a vacation) are usually divided by 12 and allotted over a month. Every family’s budget is different, and what may be considered average varies greatly depending on the needs of each member. This is where past living conditions come into play. It might be reasonable to continue paying for private education and healthcare if you paid for them before your divorce, especially if the household finances allow it.
Can The Spousal Maintenance Payments Be Changed One Day?
Yes, either spouse may apply to the court and change the spousal maintenance amount or duration if their financial situation changes. For example, the paying party’s income may have dropped, and the recipient’s financial requirements might have altered or increased so that they no longer require as much support as before.
Either party can petition the court to have maintenance capitalised at any time. This means that instead of paying monthly, the payer makes a large payment in one go. This will generally be done if the payer receives a large amount of money, such as an inheritance, windfall, or when they sell a business.
Both sides are duty-bound to inform the other person of any substantial change in financial circumstances and are obliged to do so as quickly as possible.
Can I stop paying for spouse maintenance one day?
If the recipient remarries or passes away, spousal maintenance will be terminated automatically. The payer cannot cancel the payments until the agreed time has passed.
If your circumstances have changed, you might negotiate with the other party rather than demanding that they pay maintenance. You can also request a court to reduce or terminate spousal support if your financial situation has worsened or the recipient’s financial condition has improved. Remember that there is no assurance, and the court must agree. The court will examine whether the receiver can make do without maintenance and whether doing so would cause undue hardship.
If you need help with a divorce and financial settlement, contact us today for a free half an hour consultation.