What is spousal maintenance?

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.”

How is the amount of spousal support decided?

As there is no automatic right to spousal maintenance, there is no formula dictating how much needs to be paid. The amount to be paid is determined by the couple – depending on their needs and income. It can be agreed between the couple or in default by the court, after considering the circumstances and standard of living. The court will decide both the amount to be paid and the length of time. The amount to be paid is based on reasonable budgets for both parties moving forward.

What can be included in the budget?

Expenses can include but aren’t limited to:

• Cost of housing (rent or mortgage)
• Utility bills
• Council tax
• School costs
• Clothing
• Holidays
• Presents
• Debt repayment
• Subscriptions

Costs that are annual and not monthly, such as holidays, will be divided over 12 months, if the court agrees that these form part of the receiving party’s needs.

This is where previous lifestyles would be considered. If private education and healthcare were paid for before the divorce, it may be considered reasonable to include these in a budget for spousal maintenance.

Do payments end if the recipient lives with a new partner?

Cohabitating does not put an end to spousal maintenance payments. This is because a couple living together is seen as less certain than those who are married.

Further to this, a couple that “cohabit” but are unmarried - cannot make the same financial claims against one another if the relationship ends.

Although cohabitation will not automatically cause spousal payments to stop, it can be grounds to reduce the payments.

Spousal maintenance claims cannot be preserved following remarriage and therefore, if your spousal maintenance claim has been left open or if there is a spousal maintenance order in force, upon remarriage, your claims will automatically be dismissed.

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