Spousal Maintenance – is it for life?

What is spousal maintenance?

This is where one spouse makes regular payments to the other, usually monthly, in order to contribute to their costs of daily living where the receiving spouse does not have enough income or assets to cover their needs. It is usually awarded by the court where one party has a significantly lower income than the other, perhaps due to their contribution to the household and family by sacrificing their career prospects to care for young children.

Unlike for child maintenance, there is no automatic calculator to determine the amount that you would be entitled to. This is decided by the courts on a case-by-case basis as each case will be decided on its unique circumstances. When dealing with financial remedies, the court has regard to three main factors: needs, compensation and sharing. In terms of whether spousal maintenance is relevant, the court will also have consideration to the standard of living enjoyed by the parties during their marriage, the employment prospects of each party, the ages of the parties and the duration of the marriage. Usually, for it to be awarded the court must be sure that it is unlikely that the receiving spouse is ever going to be able to be financially independent and without it, it is likely that they are going to suffer unjust financial hardship. It can also be ordered as a temporary measure to allow time for retraining or adjustment to a new set of circumstances.

Keeping Family Matters out of Court- what does the future hold. Sinclair Law Solicitors Divorce

Spousal maintenance or clean break?

A clean break is where no spousal maintenance is awarded and there are no ongoing financial obligations. In Matthews v Matthews [2013] it was decided that there should always be a clear presumption in favour of making a clean break order and therefore the court is under an obligation to consider this in the first instance. However, Lady Hale stated in the House of Lords case Miller v Miller and McFarlane v McFarlane that the aim of a financial remedy is to ’give each party an equal start on the road to independent living’. Therefore, in order to ensure that this occurs, a clean break order may not always be the most suitable option.

If the court is of the opinion that spousal maintenance is to be awarded, they will also decide the amount that is to be paid, when and for how long. Alternatively, the courts could decide to capitalise the maintenance payments into one lump sum payment in order to prevent an ongoing financial relationship between divorced parties.

Is spousal maintenance for life?

Unfortunately, spousal maintenance is not guaranteed even when it has been ordered by the courts as part of a financial remedy order on divorce. This is because either party can apply to the court to have it changed at any point if their circumstances change. Therefore, if the paying spouse begins to suffer financial hardship, they can apply to have the payments reduced or stopped completely. Throughout the time that spousal maintenance is being paid, both parties are under an ongoing obligation to make each other aware of any significant changes in their circumstances which may affect the amount that is required or affordable.

In addition, unless it is a joint lives order that has been awarded, spousal maintenance payments are usually limited for a fixed duration. This is most commonly until the youngest child of the family turns 18 or finishes full time education. In addition, all spousal maintenance ceases to be payable if the receiving spouse remarries or enters a civil partnership or either party dies. As a result, spousal maintenance is not as certain as other types of financial settlements on divorce, and it may be more favourable to achieve a lump sum or clean break order instead.

It appears that the courts are beginning to look less and less favourably towards spousal maintenance and joint lives orders. In recent years it seems as though, if possible and fair in the individual circumstances, the court appears to be awarding more lump sum and clean break orders instead. Spousal maintenance and in particular joint lives orders seem to be becoming a thing of the past as the court does not seem to be in favour of keeping divorced parties financially tied together for the rest of their lives. It appears that they are of the opinion that their financial duty to each other should cease upon conclusion of any proceedings taking place and they should be free to live separate and individual lives where practicable.