Spousal Maintenance Solicitors

Question 1

Can I pay a lump sum instead of ongoing maintenance?

Answer

Yes. Instead of periodical payments, a lump sum can sometimes be paid to settle all spousal maintenance claims. A lump sum gives certainty to both parties and avoids ongoing obligations. The lump sum would be calculated based on the likely ongoing maintenance over an assumed period, discounted to present value. A lump sum can be attractive where you want a clean break or if the receiving party prefers a one-off payment to rebuild their life. However, lump sums can be substantial, and careful calculation is needed.

Question 2

Can spousal maintenance be for life?

Answer

Maintenance can be for life or for a limited period, depending on the circumstances. Longer marriages, particularly those of 20 years or more, may result in maintenance continuing until the receiving party's death or remarriage, or additional capital can be paid to achieve an immediate clean break. Shorter marriages or cases in which the receiving party is expected to become self-sufficient may involve maintenance for a limited period, to allow that party to adjust and retrain, if needed. The court will consider whether the receiving party is likely to become financially independent and, if so, by when. Maintenance on a limited-term basis is increasingly common, but each case is different. The Court have a duty to consider whether there can be an immediate clean break, ie no spousal maintenance, or whether spousal maintenance should be payable and if so for how long.

Question 3

Do I have to pay spousal maintenance?

Answer

There is no automatic obligation. The court considers multiple factors, provided by section 25 of the Matrimonial Causes Act 1973, when deciding whether spousal maintenance should be payable. These include:

the earning capacity and income of each party
the respective needs and financial resources of each party
the standard of living during the marriage
age and health of the parties
length of the marriage
conduct of the parties (only if the conduct is severe enough that in the court’s view it would be inequitable to disregard it
any benefits one party would lose because of the divorce.

In some cases, neither party will be required to pay spousal maintenance if both have sufficient income and resources. In other cases, particularly where one party gave up work or a career to care for children, maintenance may be appropriate.

Question 4

Do I need a solicitor for spousal maintenance negotiations?

Answer

Expert legal advice is strongly recommended where spousal maintenance is involved. A solicitor can help you understand your rights and obligations, advise on what is likely to be fair in your circumstances, negotiate on your behalf, and draft a legally binding settlement. Without proper advice, you risk agreeing to arrangements that are unfair or unsustainable. You should instruct a solicitor if:

You are uncertain about what level of maintenance is fair or sustainable
Your income is variable or complex
You have given up career opportunities during the marriage
Your former partner has instructed their own solicitor
You are concerned about your ability to meet your needs without maintenance
You need advice on tax or other implications of different maintenance arrangements

Even in amicable cases, initial legal advice helps you understand your rights and ensures any agreement truly protects your long-term financial security.

Question 5

How do I know if I should agree to spousal maintenance?

Answer

This depends on your individual circumstances. Factors to consider include whether you have sufficient capital or income to meet your needs, whether you have given up career opportunities during the marriage, your age and health, your earning capacity going forward, and your respective living standards during the marriage. We will advise you on what is likely to be fair and sustainable based on all the circumstances and your particular situation. We aim to help you reach an agreement that is fair to both of you and provides financial security in the future.

Question 6

How much does advice on spousal maintenance cost?

Answer

The cost depends on the complexity of your financial circumstances and whether an agreement can be reached relatively quickly. Our fees for advising on spousal maintenance form part of your overall financial settlement costs and vary from case to case. We offer an initial meeting to discuss and advise on your situation at a fixed fee of £300 inclusive of VAT, and then provide an estimate of likely costs after that meeting. We do everything possible to help our clients resolve matters through non-court dispute resolution methods to minimise cost and stress. Using an experienced family law solicitor often saves money in the long term by helping you reach a fair, sustainable agreement efficiently.

Question 7

How much spousal maintenance should I pay or receive?

Answer

There is no fixed formula for spousal maintenance, although the courts apply certain principles developed through case law. The starting point is usually to consider the income available after tax, the receiving party's reasonable needs, and what the payer can afford. The length of the marriage is relevant, with longer marriages generally supporting longer maintenance periods. An indicative figure can sometimes be calculated using guidelines developed in case law. Still, these are not binding, and the court has discretion to depart from them based on the individual circumstances. We can advise you on what is likely to be appropriate in your case, based on your income and circumstances.

Question 8

What if circumstances change after a divorce?

Answer

Spousal maintenance orders can be varied if there is a significant change in circumstances. For example, if the paying party loses their job, they can apply to court for a reduction in maintenance. If the receiving party's financial needs change significantly, they can apply for an increase. However, if the settlement specifies that maintenance is not to be reviewed or varied, this can restrict either party's ability to apply for a change. It is important to carefully consider whether to include a "clean break" for maintenance or leave it open to variation.

Question 9

What if I remarry after a divorce?

Answer

If you are receiving spousal maintenance and you remarry or enter into a new civil partnership, your maintenance automatically stops. This is an important consideration when negotiating maintenance arrangements, as you may wish to discuss what happens if you form a new relationship. If you are paying maintenance and the receiving party remarries, your obligation to pay also ends, which can affect your future financial planning.

Question 10

What if my income is variable or uncertain?

Answer

Variable income, such as self-employment income, commissions, or dividends, makes spousal maintenance more complex. The court will consider what constitutes a sustainable level of income, which may require averaging income over a number of years. In some cases, provision may be made for maintenance to be reviewed if income falls significantly or if circumstances change. If you have variable income, detailed financial evidence is particularly important, and specialist advice on calculating appropriate maintenance levels is valuable.

Question 11

What is a clean break?

Answer

A clean break means that neither party is entitled to claim spousal maintenance from the other, whether in the form of periodical payments or a lump sum. Instead, financial issues are resolved through division of capital assets, such as property, savings, and pensions. A clean break is appropriate in some cases, particularly when both parties have sufficient capital or income to meet their needs, or when the marriage was relatively short. However, it may not be fair in cases where one party has a limited earning capacity or has made sacrifices during the marriage.

Question 12

What is spousal maintenance?

Answer

Spousal maintenance is a periodic payment made by one party to the other following divorce or separation to meet the other party's living expenses. It is payable from the payer's income, usually monthly, and continues until a specified date, until either party dies, or until the receiving party remarries or enters into a new civil partnership. Spousal maintenance differs from a lump-sum settlement, which is a one-off payment. Both can be part of a financial settlement, and the right combination depends on the circumstances.

Spousal Maintenance Solicitors

Expert and compassionate advice on negotiating spousal maintenance in divorce, civil partnership dissolution, and separation from specialist spousal maintenance Solicitors.

Why Purcell Solicitors for spousal maintenance on divorce?

Get in touch today to discuss your situation in complete confidence.

Get in touch today to discuss your situation in complete confidence.

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