What is spousal maintenance?
Spousal maintenance is a payment made from one former spouse to the other after a divorce. It is paid when one partner cannot support themselves financially without it.
Spousal maintenance is intended to help both parties manage financially after divorce. When deciding how much should be paid, the court’s main aim is usually for both parties to become financially independent over time.
Spousal maintenance is dealt with separately from child maintenance.
How does spousal maintenance work?
Spousal maintenance is usually paid as a regular monthly payment. It may continue indefinitely, unless the recipient remarries, or it may be ordered for a fixed number of years.
Sometimes, spousal maintenance is paid as a one-off lump sum followed by a clean break order. In that situation, each partner achieves financial independence and cannot make further financial claims against the other.
Who is entitled to spousal maintenance?
A former spouse may be entitled to spousal maintenance if they cannot support themselves financially after divorce.
Each case is different. The length of the marriage and the specific needs of the partner will affect how much maintenance should be paid and for how long.
For example, someone who has been married for a long time and sacrificed their career may have a greater need for maintenance than someone who remained in work throughout the marriage.
Equally, a younger person with strong career prospects may have less need for maintenance than an older person approaching retirement age.
How is spousal maintenance calculated?
Unlike child maintenance, there is no set formula for calculating spousal maintenance. Instead, the court looks at the recipient’s needs and the paying partner’s ability to pay.
Some of the factors the court may consider include:
- The financial position of both parties
- The standard of living enjoyed during the marriage
- The employment status and earning capacity of both parties
- Each partner’s ability to become financially independent, such as by getting a new job
- Whether there are children within the marriage
- The care and welfare of the children, although spousal maintenance should not replace child maintenance
- The length of the marriage
- The age of both partners
Do I need to go to court?
You do not need to go to court to decide spousal maintenance. You are free to make a private arrangement with your former spouse.
Reaching a private arrangement may help you save money by avoiding court proceedings. Even so, it is wise to get advice from a solicitor on what you may be entitled to after divorce.
Going to court can also offer greater protection if circumstances change after the divorce.
How long does spousal maintenance last?
The length of time spousal maintenance is paid depends on your circumstances.
Payments are usually made for a fixed period, but in some cases they may continue for the rest of a former spouse’s life.
The court can order spousal maintenance for a specific number of years. This is known as a term order.
Alternatively, the court may order that maintenance is paid for the rest of the former spouse’s life. This is known as a joint lives order.
In most cases, the court will make a term order. This means maintenance is paid for a fixed period or until certain conditions are met, such as the children turning 18.
However, the court may make a joint lives order if it believes the former spouse would be unable to adjust to life without the payments. In that case, payments would continue until either party dies.
You lose the right to spousal maintenance if you remarry.
Can I stop paying spousal maintenance?
If you have been ordered to pay spousal maintenance, you must continue paying it for the agreed period. Otherwise, your former spouse could take you to court.
You may be able to stop paying if your former spouse becomes financially independent or if you are no longer able to pay. However, a court would usually need to approve this change.
You will automatically stop paying maintenance if your ex remarries. But you may still have to pay if they are cohabiting with someone else. In that situation, you would need to apply to the court if you believe the payments should end.
Otherwise, spousal maintenance ends when either partner dies.
Can spousal maintenance payments be changed?
Either the person paying maintenance or the recipient can apply to court to change the amount of spousal maintenance or the terms on which it is paid.
This usually happens when circumstances change.
For example, if the recipient gets a new job, the payer may argue that the recipient no longer needs the same level of support. Likewise, if the payer loses their job, they may argue that they can no longer afford the payments.
The payer can also apply at any time to pay the remaining maintenance as a one-off lump sum.
The types of spousal maintenance
There are three main types of spousal maintenance order that the court can make.
Joint lives order/lifetime spousal maintenance order
A lifetime spousal maintenance order, also called a joint lives order, means maintenance is paid for the rest of the recipient’s life, or until they remarry.
A joint lives order may be appropriate after a long marriage where the court decides that the recipient is unlikely to achieve financial independence soon.
This may be because they have been out of work for so long that they have little realistic chance of returning to steady employment.
It may also be appropriate where the recipient is the main caregiver for young children.
Fixed term spousal order
A fixed term spousal order is where the court orders maintenance to be paid regularly for a set number of years.
Fixed term orders are often more appropriate for shorter marriages, usually those lasting less than five years, where the children are grown up or there are no children. The fixed nature of the arrangement is designed to encourage both parties to move towards financial independence.
The value of these payments can be changed if either partner goes to court. This may happen if circumstances change. For example, if the dependent partner gets better-paid work, the paying partner may argue that the amount should be reduced.
Nominal spousal maintenance order
A nominal spousal maintenance order is where a nominal amount of money, usually £1, is paid each year to keep the recipient’s claim open. This acts as a safety net in case they need spousal maintenance in the future.
A nominal order may be used to protect a primary caregiver who is currently financially independent but may need maintenance later if their circumstances change significantly.
Nominal orders are usually made for a fixed period and often end when certain conditions are met, such as children leaving full-time education.
Talk to a solicitor
The amount of spousal maintenance you can claim, or may need to pay, will depend on your personal circumstances.
A family solicitor can give you a clearer idea of how much maintenance you may be entitled to or what you may be expected to pay.
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