Spousal Maintenance
Following a divorce or separation, individuals may find themselves in a difficult position when it comes to finances, especially for those who have not worked during their marriage as they may have dedicated their time to looking after their home and children.
A spouse can ask for financial support for themselves, known as 'spousal maintenance'. If an agreement cannot be reached over the amount of spousal maintenance, you can make an application for short-term spousal maintenance, known as 'maintenance pending suit'. The court will decide if any spousal maintenance should be paid on an ongoing basis and, if so, the amount and when the spousal maintenance payments should stop.
If you have a child with your spouse then one of you may be entitled to ask the other to pay child support. Child support is not usually decided by the Court as there is a dedicated department who deal with such matters.
If a couple can't reach an agreement on child support through mutual negotiations or a solicitor then child support is normally decided by the Child Maintenance Service and spousal maintenance is determined by the Court.
Maintenance Orders
Maintenance Orders are issued by a court and set out the responsibilities of a particular party who will be required to pay the other party on-going maintenance to help with their living costs. The Order will set out how much the payments will be and how long they will continue for. The payments will usually be for a limited time, or until one of you dies, remarries, or enter a new civil partnership.
Maintenance Orders can be challenged by either party if either of your circumstances changes significantly. For example, either party loses their job, or their living arrangements change which either require a reduced or increased cost.
The different types of maintenance
Joint lives maintenance
This type of maintenance continues throughout the joint lives of both the husband and wife until a further order of the Court or until one spouse remarries. Either a husband or wife can apply to the Court at any time to vary the amount of maintenance payable upwards or downwards if there is a change in circumstances.
It is also possible for either the husband or wife to apply to the Court for the maintenance to be “capitalised”. This means that the party who is paying can pay a lump sum payment or agrees to pension sharing provision being made so that the lump sum cash payment or pension income replaces the spousal maintenance.
Term maintenance
Spousal maintenance is paid for a certain number of years. The term or length of time that spousal maintenance is paid for can be extended by the Court although there must be a good reason to do so, and the application must be made before the term maintenance order expires.
Term maintenance with a bar
This is the same as a term maintenance spousal maintenance Order except for the length of time that the spousal maintenance is paid for cannot be extended.
Clean break order
A clean break income and capital order mean no spousal maintenance is payable at all. If the court makes a clean break order a husband and wife can't make a new maintenance application, even if there is a change in their personal financial circumstances at a later date.
Consent Orders
If you and your ex-partner agree a financial settlement voluntarily without the intervention of the courts, there is no legal requirement to get this agreement in writing. However, this can leave you vulnerable if your former partner agrees to pay you maintenance then later change their minds.
A Consent Order can make your voluntarily agreement legally binding and means your former spouse will not be able to make further financial claims in future. To apply for a Consent Order, you will need to have started divorce proceedings, but have not yet applied for a decree absolute to legally end your marriage.
Why choose Westridge Legal?
We work with you to ensure you understand the spousal maintenance process and feel comfortable with every decision. It's important to work with experts whom you trust, and who have the knowledge and experience to secure you the best possible result.
Our team of family lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.
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