Can I Get Spousal Maintenance?

Who Qualifies for Spousal Maintenance?

Everyone’s marriage is different and the Court will consider if you need maintenance based on your own unique circumstances. Some things that the Judge might take into consideration include:

• How much each of you earn
• Both your and your partner’s contributions to the marriage
• Pre nuptial agreements
• Your mental and physical health
• If there are children involved - although it’s important to remember that spousal maintenance is very different from child maintenance

If the marriage or civil partnership is short – less than five years – it might not be paid at all or only for a short period. This is called a ‘term order’.

However, where a couple has been together for a long time, or where a former partner is unable to work, it can be paid for life. This is called a ‘joint lives’ basis. It means either until the person paying maintenance or the one receiving it dies. It should be noted however that spousal maintenance on a joint lives basis is becoming more rare.

If spousal maintenance has been granted, it doesn’t necessarily stop if your former partner goes on to live with a new partner without marrying or entering a civil partnership. In these circumstances however, the person paying the spousal maintenance could try to use this as a reason to apply to the courts in order to get the amount reduced.

If you do get spousal maintenance, it’s worth considering insuring the payments. This means that you’ll continue to receive an income if your former partner who is making the payments dies. To do this, either you or your former partner can take out a life insurance policy on their life. It doesn’t need be expensive and the policy can provide a lump sum or monthly payments if they were to die while you were still receiving spousal maintenance.

Our expert team of Family Law Solicitors are experts at handling divorce cases whether there are children involved or if the divorce just concerns both you and your former partner. We can advise you on what you’ll be entitled to from your marriage so that you can prepare for your future whether your former partner is supporting you or not.

How Long Will Spousal Maintenance Be Paid?

Normally when the Court puts a Spousal Maintenance Order in place, it will have a clause saying how long the maintenance should be paid for. Spousal maintenance generally stops needing to be paid when one of the following happens:

• The person receiving maintenance remarries
• The person receiving maintenance dies
• The youngest child of the family turns 18 years old

If you have received a lump payment sum instead of regular payments of spousal maintenance however, you’ll need to consider how to manage these funds and keep them safe.

Unless you already know exactly what you want to do, it’s worth putting the lump sum in a savings account while you weigh up your options. It’s important to keep a ‘buffer’ in your current account or in an easy access savings account to pay for unexpected expenses.

Further Order of the Court

If your circumstances change and you don’t need spousal maintenance anymore, then you or your former partner could request a variation on your Spousal Maintenance Order. However, if your partner remarries, they will still be responsible for paying your maintenance and it’s unlikely that much would change.

It’s important to remember that lifetime maintenance payments are rare and the Court generally puts maintenance in place for a fixed period of time to allow for the person receiving maintenance to become self sufficient.

The Court could leave open the possibility for you to apply to extend the terms of the maintenance payments, for example if you can’t find employment to support yourself. Alternatively, the Court will close off that possibility by stating that you can’t apply to extend the term at the time of your divorce.

Is Spousal Maintenance Taxable?

Spousal maintenance will be paid out of your partner’s already taxed income. This means that you won’t be taxed on any spousal maintenance payments that you receive.

How Much Spousal Maintenance Can I Get?

This will depend on both yours and your former partner’s incomes and what your future needs might be, as well as any earning capacity that you may have.

When you apply for spousal maintenance the Court will ask you to create a schedule of your future financial outgoings, so that it can fairly decide if you need maintenance to keep you financially stable. The Court will also need to consider the standard of living during the marriage and the paying person’s ability to pay.

We can help you complete and submit any forms the Court request from you during the divorce process. We know how legally complex divorce can become when things are up to the Court’s discretion, so it’s important that you seek legal advice from an experienced Divorce Solicitor.

Our Divorce Solicitors can just advise you where you need it or complete all applications on your behalf. And with years of experience, our specialist Divorce experts can support you every step of the way so you won’t have to worry about your finances in your new start.

Our expert team can be contacted on 0808 239 3465 to listen to your circumstances and concerns before providing some initial legal advice to you. Alternatively, you can request a call back by clicking here.