Spousal maintenance

After you have gone through a divorce, you may be ordered to pay your spouse money in order to help with their living costs after the separation. This is called spousal maintenance and is often one of the most difficult aspects of any marriage breakdown or separation.

Here at 1Solicitors, we have expert family solicitors that can help with divorce spousal maintenance and ensure that after a marriage breakdown, you are receiving the support that you need from your ex-spouse in order to live.

We also help spouses who are being asked to make spousal maintenance payments when it is not necessary, and help spouses to put a legal agreement in place that is suited for both parties.

Do I need to pay spousal support?

Spousal support, also known as spousal maintenance, is needed when one person within the marriage breakdown is significantly financially weaker than the other and requires another form of income to meet their basic needs.

However, if both parties are deemed as financially equal, a clean break order can be issued. This means that you will not have to pay maintenance to your spouse after you have separated.

How much spousal maintenance am I expected to pay?

In order to work out fair spousal maintenance costs, the Court will need to see evidence and projections of each persons’ expected outgoings. These will be scrutinised and depending on the accuracy of each projection, the Court will decide whether or not either spouse is required to pay maintenance – and how long for.

The level of financial support that you are required to pay your spouse after a separation depends on a variety of factors, including whether or not each party has a consistent wage and the capacity to achieve higher earnings.

For how long should I support my spouse financially?

Once you have received a maintenance order from the Court, it will clearly outline the duration in which you’re expected to pay spousal maintenance. This can be for a limited period of time, until one spouse dies or until the youngest child that you share turns 18 years old.

The maintenance period can also be affected by a change in jobs. This means that if the spouse you’re paying maintenance to gets a well-paying job after the financial arrangements have been decided, they may not need your financial support any more and so the fees can be altered.

Disputing spousal maintenance

Because spousal maintenance is so complex, it’s often difficult for two spouses to agree on a maintenance fee. However, it is important for both parties to settle on an agreement that is financially suited to them and any children involved.

In the instance that a spouse disagrees with the spousal maintenance plan that the Court has put into place, animosity between the two parties can escalate and make it difficult to organise other factors such as child custody arrangements and financial settlements.

Here at 1Solicitors, we have expert family law solicitors that can aid with spousal maintenance disputes, including cases where one spouse is attempting to avoid paying maintenance fees, in order to help your life after divorce be financially stable.

To discuss your options today, get in touch with our team of experts. With our experience in solving complex spousal maintenance disputes and organising fair payments for both parties, we’re sure that we can help you.

 

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