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Lifelong maintenance orders (a.k.a. ‘spousal maintenance’), in which one party receives monthly money from the other, are far less common than they used to be. The Family Court now looks very closely at whether ongoing maintenance is necessary and fair.
Both the amount of money to be paid and the duration of payments are considered. It is therefore important that your divorce lawyer prepares robust arguments, depending on your situation, to make or challenge a claim for spousal maintenance.
Spousal maintenance is different to child maintenance and is often paid in addition. Unlike child maintenance, there is no standard formula and each case will turn on its own circumstances and facts.
You should take early spousal maintenance advice on what your spouse should be paying to you on an interim basis (e.g. to cover the mortgage and bills) or what your spouse should be doing to reduce their financial dependence on you (e.g. increasing their earnings).
Whether you are the breadwinner or the homemaker, you should take advice as early as possible in your separation to avoid creating a ‘status quo’ that may impact your negotiating position later.
At Harrowells, our team are very experienced in drawing together evidence and evolving case law. This enables us to support and justify an appropriate negotiating position on behalf of our clients. Our proactive approach means that we anticipate and are well prepared for the various stages of negotiation and legal argument associated with spousal maintenance.
You can read more information about spousal maintenance in our blog 'Do I have to pay spousal maintenance to my ex?'.
As well as advising on spousal maintenance, our divorce solicitors can also assist with other matters including:
At the outset, we will discuss the various potential issues and the options available. We will explain our fees and set out our estimate of costs based on those discussions. Funding options will be discussed and agreed to ensure our fees will be affordable to you.
Please note: Harrowells is unable to offer legal aid.
What is spousal maintenance?
Income paid by one spouse to the other, usually every month, for a set amount of time.
Am I entitled to spousal maintenance?
If you are the lower earner and do not have sufficient income to meet your outgoings, then you may be entitled to spousal maintenance.
Can you get spousal maintenance if you have no children?
Yes, you may be eligible even without children.
Can you get spousal maintenance during divorce proceedings?
Yes, it can be paid on an interim basis until you have a settlement or on a longer term basis, dependent upon your circumstances.
How much spousal maintenance can you get?
That will largely depend on the shortfall between what you can earn and what you are reasonably spending. It will also depend upon how much surplus income your spouse has once they have met their expenses.
How is spousal maintenance calculated?
It is determined by the shortfall between what you can earn and what you are reasonably spending.
How do you apply for spousal maintenance?
Sometimes maintenance can be agreed between spouses, but if not then you can apply to the Family Court.
Is spousal maintenance classed as income?
It will form part of your income.
Is spousal maintenance taxable?
The paying spouse will pay tax on it as their income, but the recipient will not pay tax when they receive it.
Do I have to pay spousal maintenance?
Not necessarily, it will depend on whether your former spouse can earn enough to meet their outgoings and, if not, whether you have surplus income available.
My ex-spouse has stopped paying spousal maintenance – what can I do?
If it is part of a Financial Remedies Order or Consent Order, you should take advice from a spousal maintenance lawyer about enforcement. Note that there is a limit to how much arrears you can claim back, so act swiftly.
When does spousal maintenance end?
Most maintenance orders run for a fixed number of years.
Does spousal maintenance end if you remarry?
It will not end for the paying spouse if they remarry, but it will usually end for the receiving spouse if they cohabit or remarry.
Can spousal maintenance be backdated?
No.
We are physically based in Yorkshire but we regularly assist clients throughout England and Wales because of our recognised expertise and effectiveness in advising on all aspect of family law.
We are very happy to hold a meeting with you by phone or video call. For more locally based clients, we can meet you at one of our network of offices across North and East Yorkshire.
Contact us today to speak to a specialist family lawyer with the skills and experience to assist you.
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