For a free 30-minute initial chat with one of our spousal support lawyers, call Woolley & Co on 0800 321 3832 or complete our online form.
What is spousal maintenance?
Spousal maintenance is an amount awarded by the Courts to be paid by the spouse with the higher income to the spouse with the lower income when a couple divorces. It is only awarded if one party cannot support themselves without payments from the other. It can be awarded for a specified term or for life in some cases. Where the couple have pensions, it often ends on retirement.
The recipient will lose their right to receive the maintenance if they re-marry, however it does not end automatically if they simply cohabit.
On occasions, the amount of spousal support that has been awarded can be varied some years later by way of Court Order if the circumstances warrant it.
Spousal maintenance is not the same as child maintenance. Child maintenance is not usually dealt with by the Courts but is instead handled by the Child Maintenance Service (CMS). Our team have expertise in handling child maintenance matters and can provide support on this if required.
Our experts can advise on all aspects of spousal maintenance in the UK, including:
- Whether you are entitled to spousal maintenance
- Negotiating spousal maintenance during divorce
- Applying to a family court for spousal maintenance
- Varying spousal maintenance
- Non-payment of spousal maintenance
We can also help with all other aspects of divorce finances.
Take a look at our team to find a spousal support lawyer who is right for you.
Speak to us about spousal maintenance in the UK
Take advantage of a free 30-minute telephone appointment to talk through your situation. We will explain your options and how we can help. You will find our experts friendly, approachable and knowledgeable.
We offer a detailed case assessment for £600+ VAT, including discussion and consideration of your case by an experienced lawyer – you can find out more about this here.
For a free 30-minute initial chat with one of our spousal maintenance solicitors, call Woolley & Co on 0800 321 3832 or complete our online form.
How does spousal support work?
Spousal maintenance is usually paid on a regular, normally monthly, basis or it can be capitalised so it is paid as a single lump sum. This lump sum approach leads to each spouse becoming financially independent of the other and unable to make future financial applications against each other. This is known as a ‘clean break’.
One advantage of a clean break is that it brings certainty to both parties knowing that no further applications can be made. One disadvantage is that the lump sum award cannot be increased at a later date if, for example, the recipient fell ill and could no longer work.
If a clean break is not used, there are three types of spousal maintenance which can be implemented, these being:
- Lifetime spousal maintenance order
- Fixed term spousal maintenance order
- Nominal spousal maintenance order
It is always essential that you seek specialist legal advice from a family lawyer whilst considering your options so that you secure what is best for you. Call Woolley & Co on 0800 321 3832 or complete our online form.
How to apply for spousal maintenance
Spousal maintenance is usually negotiated as part of making a divorce settlement, meaning it can be agreed voluntarily between the separating couple. This can allow you to resolve the issue and achieve financial security relatively quickly and cost-effectively, avoiding the stress of court proceedings.
If spousal maintenance cannot be agreed upon voluntarily, you may need to apply to a family court for this. The court can make a financial order, including spousal maintenance if it believes that this is appropriate.
Call Woolley & Co on 0800 321 3832 or complete our online form for help.
How is spousal maintenance calculated?
Maintenance for a spouse depends on the recipient’s needs, own income and ability to earn income. There are no set formulas, and the amount payable depends on the payer’s net income and their own needs, amongst other factors.
You can read more about how spousal maintenance is calculated in the section below ‘How much maintenance should I pay?’.
Can you claim spousal maintenance after divorce?
Spousal maintenance is usually relevant in cases where one party earns considerably more than the other, and the needs of the recipient cannot be met from their own income.
The normal time to agree or apply to a court for spousal maintenance is while your divorce is ongoing. If you are already divorced and wish to apply for spousal maintenance, you may be able to do so if you do not have a clean break order in place.
How common is spousal maintenance in the UK?
Having to arrange spousal maintenance payments is not an especially common outcome for many separating couples. As mentioned above, spousal maintenance will only be relevant in cases where the following applies:
- There is a considerable disparity between both parties’ earning capacity
- The needs of the prospective recipient cannot be met from their own income
This does not apply to many couples. For instance, it is now common for both partners to have their own careers and, as such, will have incomes which are independent of one another. It is also much more common for both parents to return to work, at least in some capacity, after they have had children.
As with any matter involving divorce payments and financial arrangements, every situation is treated on a case-by-case basis.
What does spousal maintenance cover?
Spousal maintenance payments are made to help cover a recipient’s general living costs. This means that spousal maintenance will typically cover:
- Mortgage or rent payments
- Energy bills
- Tax
- Transport costs
- Groceries
- General spending
Spousal maintenance does not cover the living costs of any children from the relationship. This is a separate matter known as child maintenance and is dealt with by the Child Maintenance Service (CMS).
Different types of spousal maintenance
Lifetime spousal maintenance order
A lifetime order may be appropriate after a long marriage where there is a large disparity in the income/earning capacity of the parties or where there are young children, and there is no realistic prospect of the recipient returning to work for the foreseeable future.
Fixed term spousal maintenance order
A fixed term order is made for a specific number of years and may be either extendable or non-extendable. It tends to be used after a shorter marriage, particularly if the children are older or there are no children. Term maintenance may be paid up until a specific future event, such as the recipient being able to draw down on a pension or completing a period of re-training.
Nominal spousal maintenance order
One further category of spousal maintenance in the UK is a nominal order. This is where an order is made for a nominal amount to be paid (frequently £1 per year) solely in order to keep the recipient’s claim open as a safety net.
Some family Judges are of the view that these types of orders should routinely be made where the recipient is the main carer of the children to allow that person to concentrate on looking after the children and/or to cover a situation where there is a dramatic change in circumstances which would affect the welfare of the children.
It is common for nominal orders to be made for a limited term that ties in with the children reaching a certain age or ceasing full time education.
How much maintenance should I pay?
Any maintenance award depends on the payer’s resources and ability to pay as well as the recipient’s reasonable needs.
Contrary to popular belief, there is no automatic right to an equal share of income. A former spouse cannot, therefore, expect a maintenance order which provides for equality of income.
The approach taken by the court is a complex balancing exercise in trying to achieve fairness. They will consider both parties’ reasonable needs and try to achieve an order that meets those needs. The parties’ previous lifestyle is a factor to be taken into consideration, but the reality is that both parties will be expected to cut back in a situation where the needs of two households are to be met by what was previously only one.
Consideration will be given by the court as to how much of the recipient’s reasonable needs can be met by their own resources. These will include not only any earned income but also child support, tax credits and child benefit and any other income, whether from investments/capital, which could be used to generate an income.
A thorny issue is always earning capacity as opposed to actual earnings. It is expected that the recipient will make all reasonable efforts to maximise their income, whether that be by way of increasing their working hours, undertaking training in order to improve their earning capacity or other means.
A court is not going to expect a mother with young children to work a 40-hour week. They will, however, expect a mother with school age children to be working hours that fit in with childcare, particularly if the father is also able to deal with some of that care during the working week.
The goal is to try to provide support to the recipient in order to allow them to achieve financial independence sooner rather than later.
Spousal maintenance is often a complicated subject, and it is certainly an emotive one. With advice from your lawyer, the starting point should always be to carefully consider what your reasonable income needs are. If your own income does not meet those needs and your spouse has a higher income than you do, then spousal maintenance may well be appropriate.
Take advantage of your free 30-minute consultation with our expert spousal support lawyers. Call 0800 321 3832, or complete our quick online form.
Is spousal maintenance classed as income?
Spousal maintenance is classed as ‘unearned income’ in the UK. It may be taken into account with some benefits so it is important that you properly explore the impact a proposed spousal maintenance payment will have on your benefit income.
What are some examples of spousal maintenance agreements?
What is included in a spousal maintenance agreement will entirely depend on the circumstances. Examples of scenarios where spousal support might be paid include:
- Where one partner gave up their career to look after children and needs additional financial support until the children leave home
- Where one partner gave up work and needs extra support while they return to the workforce
- Where one partner is unable to work for health, disability or other reasons
- Where one partner would be unable to maintain the lifestyle they enjoyed during the marriage without financial support from the other where there is a surplus of funds
Can spousal maintenance be changed?
It will usually be possible to make an application to the Courts to either increase or decrease the amount being paid. This can only be done if circumstances have changed since the original spousal maintenance agreement was made, such as if either party’s income has significantly increased or decreased.
Both parties are obligated to inform the other of any significant changes in their financial circumstances.
Speak to us about spousal support following divorce
In order to calculate the amount of spousal maintenance you may be entitled to claim, one of our family lawyers would need to understand your full circumstances.
To take advantage of your free 30-minute consultation with our expert spousal support lawyers, call 0800 321 3832, or complete our quick online form.
