What is maintenance?

Quite understandably, when people visit a solicitor for the first time following the breakdown of their marriage, the issue of their income is often at the forefront of their mind. Maintenance is the term that is used when one spouse pays to the other a regular amount of money on a periodic basis, be it weekly, monthly etc. 

There are two types of maintenance: spousal maintenance and child maintenance. Both are treated differently by the Court, both are calculated differently.

Spousal maintenance is paid, usually for a defined period of time, by the higher earning spouse to the lower earning spouse to facilitate their adjustment to financial independence. There are no set rules to follow when negotiating what spousal maintenance should be paid and the Courts’ view about what is appropriate has changed in recent years. It is possible to negotiate a ‘clean break’ if no maintenance is reasonably needed or whereby any future claim for spousal maintenance is given up, usually in return for a boosted share of any matrimonial assets such as property equity. For more information about spousal maintenance, read our blog do I have to pay maintenance to my ex?

Child maintenance is paid by a parent who does not live with their child (known in legal terminology as the absent or non-resident parent). Until the child turns 18 or ceases full time secondary education, they may remain liable to pay child maintenance to the parent with care of the child. In very rare circumstances, unless by agreement, parents may be liable for child maintenance if their child continues further education.

Unlike spousal maintenance, there is a more standardised and accepted way of estimating child maintenance – with an online calculator available at www.gov.uk to do so. This usually forms the basis for any negotiated agreement.

If there is a dispute, an application must be made to the Child Maintenance Service (CMS) who assess the liability and can enforce the required maintenance payments, if necessary. For more information about child maintenance, read our blog how is child maintenance calculated?

If you need further help and guidance about maintenance payments and how they may impact your divorce negotiations, please do contact the Harrowells Family Law Team.