Editor at The Divorce Magazine
Director at Fair Result
Sponsored post by Fair Result.
This blog serves as a practical and informative guide to spousal maintenance in divorce settlements. It clarifies what spousal maintenance is, who may be eligible, how payments are determined, and key considerations when negotiating or contesting maintenance. Keep reading to find out more.
What is Spousal Maintenance?
Spousal maintenance, sometimes mistakenly called alimony, is financial support paid by one spouse to the other following a divorce or separation. Its purpose is to provide financial assistance to the lower-income spouse, ensuring they can maintain a standard of living similar to that enjoyed during the marriage. Unlike child maintenance, which is specifically for the support of children, this kind of support focusses on the financial needs of the ex-spouse. It is often seen as support for the partner receiving it as financial assistance to allow them to adjust to single living.
Who Qualifies for Spousal Maintenance?
Eligibility for spousal maintenance depends on several key considerations by the court:
- Income Disparity: The court examines the difference in income and earning capacity between the spouses.
- Length of Marriage: Longer marriages are more likely to result in spousal maintenance awards, especially as above where one partner needs time to adjust maybe for example having a period of time to look for work.
- Childcare Responsibilities: If one spouse is responsible for the care of young children, this may influence the award but must always recognise that this is entirely separate from child maintenance, but it does sometimes get merged by the courts and practitioners.
Each case is unique, and the court’s decision is based on the specific circumstances of the divorcing couple. At Fair Result, we use our experience in divorce financial settlements and negotiating to assist you in this aspect of your overall financial settlement and remember we operate on fixed fee divorce services.
How Payments Are Determined
Several factors influence the determination of spousal maintenance payments:
- Financial Needs and Resources: The court assesses the financial needs of the lower-income spouse and the resources available to both parties.
- Standard of Living: The standard of living during the marriage is considered to ensure fairness.
- Age and Health: The age and health of both spouses can impact the duration and amount of maintenance.
Payments can be structured as either a lump sum referred to as a capitalised lump sum or ongoing periodic payments. The duration of payments varies and may be fixed term or open-ended. However, the consent order would need to allow for extendable spousal maintenance, and this again is where Fair Results negotiating skills would be utilised for you. It is also necessary to understand capitalised lump sum payments are reduced in financial value as against monthly payments, to reflect the fact the recipient is getting all the spousal maintenance payments in one lump sum. They can then invest this over time or utilise it immediately to help with for example the purchase of a new home.
Common Misconceptions
There are several misconceptions about spousal maintenance that need addressing:
- Maintenance is Guaranteed: Spousal maintenance is not automatically awarded in every divorce case; it depends on the specific circumstances.
- Men Never Receive Spousal Support: Although less common, men can and do receive spousal maintenance if they are the lower-income spouse.
Can Spousal Maintenance be Changed or Stopped?
Spousal maintenance arrangements can be reviewed and changed under certain conditions:
- Reviews and Reductions: Maintenance orders can be reviewed periodically, and changes in financial circumstances can lead to adjustments if the circumstances are deemed necessary and the original order allowed for review at a particular time.
- Impact of Remarriage or Cohabitation: If the recipient spouse remarries or cohabits with a new partner, maintenance payments may be reduced or stopped.
Negotiation Tips
Successful negotiation requires professional advice and careful planning:
- Seek expert advice from family law professionals, such as those at Fair Result.
- Be realistic about financial needs and future earning capacity.
- Consider the long-term implications of the maintenance arrangement.
Fair Result offers fixed-fee divorce services to help you navigate the complexities of spousal maintenance and achieve a fair financial settlement.
If you need expert advice on financial settlements and spousal maintenance, get in touch with Fair Result. Our fixed-fee services ensure you have the support and guidance you need through your divorce. Visit https://fair-result.co.uk/ for a free no obligation discussion to see how our team can help you negotiate your UK divorce law spousal support.
Get in Touch
Call us at 07 500 933 818 or 0333 577 7009
Email peter@fair-result.co.uk or chris@fair-result.co.uk
Read more articles by Chris Sweetman.
About Chris Sweetman
Chris Sweetman is an independent family solicitor and director of Fair Result – An award-winning law office who pride themselves on using innovative ways to help clients through the stress and complications of a marriage breakdown.
Chris can be contacted on 07500933818 or via email chris@fair-result.co.uk.