Spousal maintenance can be one of the most contentious issues between divorcing couples. The topic of spousal maintenance often leaves divorcing couples questioning how much; for how long; and how is it calculated? These are all too familiar questions raised time and time again and so, for that reason, our family lawyers answer your most commonly asked questions on spousal maintenance.
What is spousal maintenance?
Spousal maintenance is financial support paid by one former spouse to the other.
This provision aims to meet the needs of the person who is in a financially weaker position following divorce and aims to address any financial imbalances between the former spouses once the marriage has ended. Spousal maintenance essentially supports the person who is on a lower income or has a lower earning capacity in order to assist them in gradually achieving their own financial independence following divorce.
How is spousal maintenance determined?
The Matrimonial Causes Act 1973 enables the court to make financial provision in connection with divorce proceedings to support the financially weaker party of the marriage.
There is no specific formula however consideration is given to the financial needs of the “receiving party”, and ability of the “paying party” to pay.
What factors are considered before spousal maintenance is awarded?
Spousal maintenance can be awarded when the evidence shows that the standard of living in the marriage has generated hard future needs of the person applying for spousal maintenance.
The court will give regard to the factors under Section 25 of the Matrimonial Causes Act 1973.
In particular, the following factors are typically considered in respect of spousal maintenance:-
- Need for financial support. One of the primary considerations is whether a former spouse requires financial support to meet their own needs.
- Income and earning capacity. The court will consider the income, earning capacity, property and other financial resources which the former spouses has or are likely to have in the foreseeable future.
- Standard of living enjoyed by the family before the breakdown of the marriage.
- The contributions which each of the former spouses have made or is likely to make in the foreseeable future.
How much will I receive?
The amount of maintenance to be paid by one former spouse to the other is entirely dependent on the circumstances of the particular case, and is based upon the parties’ needs, financial resources and any other relevant circumstances to the case.
It may range from a few hundred pounds per month, to tens of thousands of pounds per month in appropriate cases.
How long does it last?
Spousal maintenance can be ordered for a set period of time, and that period may be extendable or non-extendable. If the circumstances of the case are such that it is impossible to say when the receiving party will achieve financial independence, then the order can be made on a “joint lives” basis, i.e. with no end date. The Court’s preference, where possible, will be for there to be a set but extendable term, rather than it being open-ended.
The duration of an order will depend on the particular circumstances of the case.
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If you require further advice in respect of the issues discussed in this blog, please do not hesitate to get in touch here to book your free 30-minute initial consultation.