What is spousal maintenance?
Spousal maintenance is a regular payment paid by an ex-husband, wife, or civil partner to their former spouse. This type of agreement will only be granted by the court based upon a certain set of circumstances, such as where:
- One spouse has a much higher income than the other
- The basic needs of one spouse were previously being met by the other during the marriage
- One spouse spent years out of the workplace (for example, to care for the children) and will need additional income to support them as they start their career again.
A spousal maintenance order aims to ensure that both parties in a divorce are given the best chance to be financially stable after the divorce. Spousal maintenance orders will not be required if both parties are already able to support themselves. Such orders are therefore different from child maintenance orders, which are based on the needs of any children involved in the divorce.
What types of spousal maintenance orders are available?
- A lifetime order: A lifetime order is a permanent solution offering maintenance to the receiver for the remainder of their life. This order is often made when there is no realistic expectation that one partner will be able to support themselves, whether due to a long marriage or to a major disparity in income. This order provides the receiver with the security of knowing that their basic needs are taken care of.
- A fixed-term order: This type of spousal maintenance order differs from a lifetime order in that the payments will only be required for a fixed term, such as one year or five years. The length of this order can vary significantly based on the financial circumstances of both parties. A fixed-term order is usually made after a shorter marriage or if the divorcing couple’s children are close to maturity.
- Nominal order: A nominal order is an option whereby one spouse pays a nominal amount, such as £1.00 per year, to keep the spousal maintenance agreement open in case of a need for spousal maintenance in the future.
What factors can affect a spousal maintenance agreement?
Some of the common factors that can affect a spousal maintenance agreement include:
- The income of the two parties involved
- The wellbeing of any children involved
- Changes in the level of income for each of the parties involved
- Whether there are any valuable assets that can be used in lieu of spousal maintenance
What is a “clean break?”
A clean break is when the two parties agree on a final settlement without any ongoing obligations. Although a clean break allows the parties to separate their finances and move on with their lives, it is often not the best outcome for the party who has relatively weaker earning capacity. By its very nature, spousal maintenance is not a clean break as it provides some ongoing security to the receiving party.
Who are we?
Demstone Chambers are specialist family law barristers. We are based in Milton Keynes, but we can also help clients in London, Birmingham, Coventry, and across the UK when required. As a direct access barristers chambers, we are able to offer legal services to both family law solicitors and members of the public directly through the Bar Standards Board’s direct access scheme.
What to expect from your first call with our spousal maintenance lawyers?
In your first call with us, our main concern is to listen to you and understand your situation. This is not only because we want you to feel understood, but also because this information is vital to us when working to build a strategy for the case moving forward.
What’s Next?
If you require the assistance of our spousal maintenance lawyers, please contact us. You can arrange an initial call by filling in the contact form below or calling our office on 0330 390 9290.
Read articles written by our team of expert barristers here.