When a marriage or civil partnership ends, the financial ties between spouses don’t necessarily stop with the divorce. One important aspect of financial settlement is spousal maintenance but what exactly is it, and who is entitled to it?
Spousal maintenance is a regular payment made by one spouse to the other after separation or divorce, where one party cannot support themselves financially without assistance. It is entirely separate from child maintenance, which is specifically for the benefit of children.
The purpose of spousal maintenance is to ensure fairness and financial stability, especially when one person has been financially dependent on the other during the marriage for example, due to childcare responsibilities or career sacrifices.
When is it awarded?
There’s no automatic right to spousal maintenance. The court will consider a range of factors under Section 25 of the Matrimonial Causes Act 1973, including:
- The income and earning capacity of each party
- Financial needs and obligations
- The standard of living during the marriage
- The duration of the marriage
- Contributions made, including non-financial (e.g. homemaking or parenting)
How long does it last?
Spousal maintenance can be:
· Joint lives (until the recipient remarries, either party dies, or there is a court variation) however this rarely ordered these days. Courts are encouraged, where appropriate, to aim for a “clean break” ending all financial ties.
- Time-limited (e.g. for a few years to allow the recipient to become financially independent)
- Nominal (a token amount, preserving the right to return to court if circumstances change)
Can it be changed?
Yes. Spousal maintenance can be varied or terminated if circumstances change significantly (e.g. job loss, retirement, remarriage). Either party can apply to the court to vary the terms.
Conclusion
Spousal maintenance can be a crucial financial lifeline or a significant financial obligation depending on your situation. It’s not one-size-fits-all, and each case turns on its own facts. If you’re considering divorce or separation, it’s important to understand your potential entitlement or exposure to maintenance payments.
Further information
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 07787 411255
