Children in a divorce
Is my ex-partner obligated to provide housing for our child when going through a divorce?
Our family law experts explain the parental responsibility of providing housing for any children during a divorce.
For those with children and going through a divorce, the primary concern is the children’s wellbeing during what can be a turbulent time. Ensuring they have somewhere safe and stable to live in is of vital importance.
Currently, there is no law to say that a non-resident parent (a parent who does not live with their children) is responsible for keeping a roof over their children’s heads in case of separation from the resident parent. However, in some circumstances where the non-resident parent has capital which could be used to assist with housing – the parent with care of the children may be able to make an application under Schedule 1 of the Children Act (1989) for financial provision for children to assist with housing needs.
What is child maintenance
Despite there being no legal requirement to provide housing for a child, a non-resident parent does have to pay child maintenance, which is calculated based on how much they earn. Child maintenance is a financial arrangement that covers how a child’s living costs will be paid when one of the parents does not live with the child. It’s made when the parents have separated from the other, but this also covers if the parents have never been in a relationship.
This money goes towards providing for the child and can be used as needed, for example on mortgage/rent payments, food and school supplies and uniforms. If the non-resident parent has a lot of disposable income, and the resident parent is struggling financially, then spousal maintenance may be payable.
What is spousal maintenance
Spousal maintenance is a financial payment made by one spouse to the other after a divorce or separation. This is usually to help the lower-earning spouse maintain a reasonable standard of living. Usually, it is paid every month, and it can last for either a defined period or, in rare cases, for the rest of the former spouse's life. This is called a “joint lives order.” The recipient will lose their right to receive maintenance if they re-marry, however it does not end if they simply cohabit.
The key difference between child maintenance and spousal maintenance is that child maintenance is statutory. This means it is a legal requirement under the Child Maintenance Act, and there is a formula in place to determine how much is to be paid. By contrast, spousal maintenance is not a legal requirement or has a formula to determine how much is to be paid.
Spousal maintenance can only be paid if the parties were married and does not apply to couples who we’re co-habiting.
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We understand the turbulence a divorce can cause in a person's life, and how difficult it can be for you and your children. Our expert family law team is on hand offering tailored advice and support, so you can move forward with confidence.
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