Amelia Fernley, Family Lawyer at Sinclair Law, explains that “Spousal maintenance is financial support one spouse may pay to the other after a divorce or separation. Whether or not it will be paid is dependent on the specific circumstances of the case, and the terms of the financial settlement.”
The aim of spousal maintenance is to help the lower-earning spouse maintain a similar standard of living to what they were used to during the marriage. It’s different from child maintenance, which is for the children’s financial needs.
In the UK, it is not automatically granted, and whether it’s awarded depends on a number of factors. It’s particularly relevant if one spouse has been financially dependent on the other or needs help to support themselves after the relationship ends.
Who Can Receive Spousal Maintenance?
Not everyone gets spousal maintenance. It depends on:
- Income – If one spouse has a much lower income than the other, they might qualify for maintenance.
- Length of the marriage – The longer the marriage, the more likely maintenance will be considered, especially if one spouse has been financially dependent for a long time.
- Children – If one spouse has primary responsibility for children, this can impact the decision. However, child maintenance is separate from spousal maintenance.
At Sinclair Law, we guide you through the process and help ensure you get the financial support you deserve. We offer fixed-fee services so you know exactly what the costs will be.
How Are Payments Decided?
The court looks at several things when deciding if spousal maintenance is needed, and how much should be paid:
- Needs and resources – The court will consider how much money the lower-earning spouse needs and whether they can support themselves without maintenance.
- The paying spouse’s ability to pay – The court will also look at whether the spouse who would pay maintenance can afford to do so without struggling themselves.
- Standard of living – The aim is to keep the recipient’s standard of living as close as possible to what it was during the marriage.
- Age and health – The age, health, and ability to work of both spouses are considered as well.
Maintenance can be paid in two ways:
- Monthly Payments – Regular payments made for a set period or until the recipient is able to support themselves.
- Lump Sum – A one-off capitalised payment, reflective of the maintenance sum that would ordinarily be paid on a regular basis.
Common Myths About Spousal Maintenance
There are a few common misunderstandings:
- Spousal maintenance is always granted – Not every divorce results in spousal maintenance. The court will only award it if it’s needed.
- Only women receive spousal maintenance – It is considered on the basis of financial resource, not gender. Either men or women can be awarded spousal maintenance, should it be deemed necessary and if they are the lower-earning spouse.
Can Spousal Maintenance Be Changed or Stopped?
Yes, it can sometimes be changed or stopped. There are a number of ‘trigger’ factors that may impose this. Some examples are:
- Financial situation changes – If the paying spouse’s income goes up or the receiving spouse’s needs change, the amount of maintenance could be adjusted.
- Cohabitation or remarriage – If the person receiving maintenance gets remarried or starts living with a new partner, the paying spouse may be able to ask for the maintenance to be reduced or stopped.
Negotiating Spousal Maintenance
Negotiating can be tricky, but with the right help, it can be done fairly. Here are some tips for negotiating:
- Get expert advice – Speak to a solicitor who can explain your rights and guide you through the process.
- Think about your future – It’s important to consider both your current financial needs and your long-term financial security.
- Be realistic – The court will only award what is reasonable and affordable, so it’s important to be practical about your needs rather than wants.
Amelia Fernley, as one of our friendly and expert team at Sinclair Law, explains that:
“we specialise in spousal maintenance and divorce settlements. We offer clear advice so you’ll always know exactly where you stand. If you need help with spousal maintenance or other divorce-related issues, get in touch for a free, no-obligation 30-minute consultation.”
