Spousal Maintenance

Spousal maintenance is a sum of money which is paid regularly (normally monthly) to an ex-spouse for a period of time after the end of a marriage or civil partnership.

How is spousal maintenance calculated?

Unlike child maintenance, there is no set formula to calculate how much spousal maintenance will be payable, as this varies from case to case.  How much spousal maintenance is payable, and for how long, will be affected by the length of the marriage, whether there are children and the parties’ respective earning capacities and needs.

The spousal maintenance is calculated by reference to how much the receiving party reasonably needs, taking into account all of the factors of the case.   It may be appropriate in cases where there are young children that a nominal spousal maintenance order is made for the duration of the children’s minority.  This may allow the party with the benefit of the nominal maintenance spousal order to increase the amount payable from a nominal amount to a substantive amount in the event of a change of circumstances, such as illness or loss of income.

When is spousal maintenance paid?

In the first instance an agreement as to the amount of spousal maintenance, to cover the period to the conclusion of the case, should be sought at the outset.  If this cannot be agreed, an application to the court can be made.  This initial maintenance is referred to as interim maintenance.

Upon settlement or final order, the long term maintenance will be decided. Often the final maintenance figure is higher than the interim figure, which is only designed to allow one party to meet their basic expenses during the proceedings.

How long is spousal maintenance paid for?

As set out above, this will depend on the particular facts of the case.

Generally speaking, spousal maintenance is not paid for long, or perhaps at all, after short childless marriages.

The final settlement will record whether the spousal maintenance is paid for a fixed term, e.g. for 5 years, or on a joint lives basis.  A joint lives maintenance order will continue until either the death of one of the parties, re-marriage of the receiving party or a successful variation application.

In the event that the paying party predeceases the receiving party, the receiving party might be entitled to make a claim against the paying parties’ estate on account of the unpaid spousal maintenance.

It is also possible to capitalise a spousal maintenance obligation.  This would mean that a lump sum is paid in order to bring the maintenance obligation to an end.

Is spousal maintenance variable?

Yes, spousal maintenance is variable when one or other of the parties’ circumstances have changed.

If you would like to discuss the details of maintenance with our divorce lawyers in London please contact us.