My ex-spouse's circumstances have changed and I don't think they need my money, what can I do?

If your ex has increased their own earnings or is cohabiting with a new partner, it may be possible to reduce the amount of maintenance you pay to them. Ongoing maintenance will always be informed by your partner’s needs. If those needs change, or they are able to meet them from other sources, then it may be possible to apply for a downward variation of the payments you make.

If either party wishes to change the amount of spousal periodical payments, they can initially try to agree on a variation directly or through their solicitors. If they cannot reach an agreement, either party can apply to the court.

Under section 31(1) of the Matrimonial Causes Act 1973, the court has the authority to vary any periodical payments order. When doing so, the court will consider all circumstances of the case, with the primary consideration being the welfare of any child of the family under the age of 18 (s.31(7) MCA 1973).

If you think it is appropriate for your maintenance payments to drop, then Vardags can advise you. We will help you demonstrate how your spouse’s needs of changed, or how they are receiving extra cash. Though the court’s decision will depend greatly on your circumstances, we are confident that we can help you to reduce what you are required to pay.

Click below for a free initial consultation with one of our expert divorce solicitors.

BOOK MY FREE CONSULTATION