What Is Spousal Maintenance?
Spousal maintenance is a regular payment made by one ex-spouse to the other after divorce or dissolution of a civil partnership. It is to help the financially weaker party maintain a standard of living that is fair, considering what was enjoyed during the marriage and what each party needs going forward.
This is different from child maintenance, which is specifically intended to support children.
When Is Spousal Maintenance Awarded?
Spousal maintenance is not automatic in UK divorces. Courts consider it only if one party cannot support themselves adequately without financial help from the other.
A few key questions the court considers:
- Is there a significant disparity in income or earning capacity?
- Has one party sacrificed a career for the family?
- Are there children to care for that limit one parent’s ability to work?
- What are each party’s reasonable needs?
- What assets and income does each party have?
Maintenance can be:
- Short-term (a few years): To help one person get back on their feet.
- Long-term or life-term: Usually only in longer marriages or where one party cannot work due to age, illness, or long-term care of children.
- Clean break: Where no spousal maintenance is awarded at all. The aim of many settlements is to achieve this, especially where both parties are financially independent.
How Much Will I Receive or Pay?
There’s no fixed formula in the UK for calculating spousal maintenance. The court looks at:
- The recipient’s needs
- The payer’s ability to pay
- The standard of living during the marriage
- Contributions to the family (including non-financial contributions like childcare)
How Long Does It Last?
Spousal maintenance can be:
- For a fixed term
- Until the recipient remarries or either party dies
- Until a child reaches a certain age
The court can set a review date to reassess the need for ongoing payments.
Can Spousal Maintenance Be Changed?
Yes, either party can apply to vary the amount if circumstances change, such as:
- A job loss or significant pay rise
- The recipient entering a new cohabiting relationship
- Retirement or ill health
Do I Have to Go to Court?
Not necessarily. Many people reach agreements via:
- Solicitors
- Mediation
- Collaborative law
However, to make it legally binding, you should apply for a consent order to be approved by a judge.
Need Advice?
Spousal maintenance can be a sensitive and complex issue. Whether you are concerned about your financial security or unsure of your obligations, it is essential to get personalised legal advice. If you are navigating a divorce or separation and need guidance, HPLP Solicitors is here to help. Contact us today for a confidential consultation.