Divorce can be a complicated time of your life. Therefore, it is important to enlist the services of a trained and experienced divorce solicitors firm and gain all the knowledge you can about the process in order to ensure the best possible outcome.
Part of this is knowing your legal responsibilities. Do you have to pay spousal maintenance? Our solicitors tell all.
What is Spousal Maintenance and Why Do I Have to Pay it?
‘Spousal maintenance’, also known as ‘spousal support’, is a form of payment made by one former spouse to another to help make the transition to independence as easy as possible. Similar to child maintenance fees, this ‘tops up’ the income of the financially weaker party so their everyday (reasonable) needs are met.
Common examples of this revolve around relationships where one party has given up a lucrative career to raise the couple’s children or to perhaps relocate to be with their spouse.
Read more: FAQ Series: Is my Partner Entitled to Half of my House?
Who Must Pay Spousal Maintenance and How Much?
Although no one is automatically entitled to spousal maintenance, there is a common-law duty imposed upon all spouses to support one another during and after any marriage or civil partnership.
Who, if anyone, has to pay spousal maintenance will depend on each individual couple’s financial situation. This will also determine how much needs to be paid each month.
Parties will be expected to compile a list of their anticipated future outgoings, as well as provide documentation that evidences their income, in order for a fair decision to be made.
The term length of these payments may also vary from one situation to another. Common terms include: until the youngest child turns 18 years old or until one of the parties involved dies. Despite this, all spousal maintenance orders end if the recipient remarries.
Please note: If the recipient has a long-term partner and is cohabiting, but never remarries, payments must continue.
It is also important to recognise that, although spousal support may not be required right away, a nominal maintenance order may be required for any future expenses. For example, if children are involved, the primary carer may be granted this to pre-empt any future changes in circumstances which may prevent them from meeting their financial obligations.
Do You Have Questions About Divorce Law?
If you’re considering separating from your husband or wife and have questions about spousal maintenance payments or the legal process of divorce in general, our friendly and knowledgeable divorce solicitors are just a phone call away.
Call 0808 178 2773 to speak to a member of the Howells team today.
