Spousal Maintenance

If you are going through a divorce, you may have concerns about how you are going

to survive financially in the future, particularly if you have been dependent upon your spouse's income. If so, speak to a solicitor about spousal maintenance, as you may be entitled to financial provision.

What is Spousal Maintenance?

During the divorce process, the court may make an order regarding spousal maintenance. This is a sum of money which the spouse with the higher income must pay to the spouse with the lower income. It will usually only be awarded, however, if one spouse does not have sufficient funds to support themselves.

The amount of spousal maintenance will vary from case to case, depending upon factors such as the needs of each spouse, the individual incomes and their ability to make a living. Once an appropriate sum is decided, the court may determine that it is to be paid in one lump sum, or paid periodically over a specific time frame. In few circumstances, spousal maintenance must be paid for the duration of the spouse's lifetime.

Spousal Maintenance.

Spousal maintenance is not, however, a regular occurrence. The spouse with the higher income does have a duty to maintain (known as 'aliment') the other up while they are married. This remains true right up until the moment a divorce is granted.

After divorce, the spouse with the lower income is theoretically entitled to maintenance for another three years. Nevertheless, this will only be ordered if a single lump sum is not enough for the spouse with the lower income to not enough to cover his or her requirements. Even so, such court orders are not made as a matter of course, and will rarely exceed a time scale of three years.

Spousal Maintenance - Exceptions to the Rule.

While the law is not very liberal with regard to spousal maintenance, it does recognise that there are certain situations in which continuing financial support is necessary. Notably, if one spouse is unable to work due to age or infirmity, the court will appreciate their limited capacity. An order instructing long-term spousal maintenance may then be issued.

Child Maintenance.

Additionally, if you have any children with your ex-partner, you must ensure their needs are taken care. Parents have a duty to support their children financially - something known as child maintenance. This differs to spousal maintenance, as it relates specifically to the needs of your child. It will, however, help to alleviate the costs of bringing up a child on your own.

by: Richard Godden

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