Variation of Spousal Maintenance

Can spousal maintenance orders be varied?

Any order for maintenance is capable of variation.  An application can be made by either party to increase, or decrease, the amount payable or the duration of the order.  If it a fixed term maintenance order, any application to extend that term must be made prior to its expiration.

There are many reasons why a variation might be appropriate.  These could include:

1.       A change in either party’s income;

2.       A new relationship;

3.       A substantial change in either party’s capital position; and

4.       A change in the receiving party’s needs;

Variation of Spousal Maintenance Process

An application to vary maintenance carries risk for both parties and legal cost can become disproportionate.  It is often preferable to reach an agreement.  However, if this is not possible, an application will need to be made to the court.

A variation application will follow the same procedure as undertaken by parties resolving their finances upon a divorce, or an abridged version.  New financial disclosure will be required as part of either process.

In deciding an application, the court has ‘almost unfettered’ discretion.  The court will look at the current circumstances and, on the whole, apply the same criteria to the case as it would have at the time of the initial separation, insofar as they are relevant to the issue of maintenance.

If you would like to discuss spousal maintenance with our divorce lawyers in London or if we can assist you with general legal advice, please call us on 020 3405 0060 or send us a message to arrange your free initial consultation.