Spousal maintenance

When are spousal maintenance awards made?

Spousal maintenance is a form of regular payment made by a party to their former spouse. It is typically awarded where one party has a reduced ability to support themselves financially, and it is intended to help that party meet their financial needs until they can be self-sufficient.  

Either party may apply for spousal maintenance to be varied where their financial circumstances have changed.

how is spousal maintenance calculated?

There is no specific formula to determine the amount of spousal maintenance payable. The court will determine whether spousal maintenance should be awarded, and if so, the amount to be paid and for how long. This will be decided based on the specific facts and circumstances of each case. The court’s overarching aim is to achieve fairness, and consideration will be given to the listed factors under s.25 of the Matrimonial Causes Act 1973 and the court’s guiding principles. Particular focus will be on the parties’ needs, which may be generously valued, and their ability to pay.  

The courts are required to consider whether a ‘clean break’ can be achieved. As such, a lump sum will be preferable to spousal maintenance in many cases. However, many parties suffer a reduced earning capacity following a marriage, particularly those in longer marriages. Whilst the court encourages parties to reach financial independence, they do not wish to cause undue hardship to one party. For example, a party may take a career break to support the couple’s children, reducing their earning capacity compared to their spouse. In these circumstances, spousal maintenance will probably be ordered. By contrast, spousal maintenance may be less appropriate for short, childless marriages. 

Generally, the court now sees spousal maintenance as temporary support to help a party reach financial independence, rather than a ‘meal-ticket for life’.  As such, if the court makes an order for spousal maintenance, they will usually do so envisioning it to end once the payee can support themselves financially.  

Spousal maintenance will automatically end if the payee remarries or enters into a civil partnership, or if either party dies.

If you are considering or going through a divorce and have concerns about your spouse’s claim to maintenance, or your own claim, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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