Am I Entitled to Spousal Maintenance? UK Family Law
Claiming Spousal Maintenance After a Divorce
When a marriage breaks down it is always a difficult period of time for both people involved. It may also be the case that one person in the marriage may end up significantly worse off than the other.
Am I entitled to Spousal Maintenance? This is a question that can be answered by one of our expert team. At AWH, we have a great deal of experience in dealing with family law matters and can help you to understand what your situation is when moving forward.
Spousal maintenance is very rare in the UK, but in some exceptional circumstances you might be entitled. When you divorce all your family matters will have to be dealt with, including your divorce, your financial and your child arrangements.
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What is Spousal Maintenance?
Spousal maintenance is when it is legally ruled that financial support must be provided by one spouse to another on the breakdown of their marriage. It is different to child maintenance, and it cannot be sought by unmarried couples.
What are the Factors that need to be Considered?
There are several things that need to be considered when spousal maintenance is being considered and calculated. These factors include:
- Length of marriage
- Whether each party is working
- The age of the parties
- Who is looking after any children of the marriage
- Whether both parties can manage financially without spousal maintenance
A large number of couples reach an informal agreement in regard to spousal maintenance, often agreeing to split the cost of a house or savings on the basis of who has more potential to earn a greater amount in the future. For example, the individual who is employed in a higher-paid job would agree to take less of the overall figure. This is known as the spousal maintenance having been capitalised, rather than having been paid in monthly instalments.
In different cases, the money will be paid on a regular basis, as it is intended to function like income to cover the living costs of the spouse receiving it. If the maintenance has been secured, then it can even extend beyond the death of the payer.
If you met someone else and decided to re-marry at any point, then you would no longer be entitled to receive spousal maintenance from your former partner.
What is a Clean Break Order?
A clean break order is where no spousal maintenance is payable. It is a voluntary agreement that is entered into by a divorcing couple. In signing it, they will agree that:
- All their mutual financial affairs are completely severed
- There is no further possibility of either party later being able to claim money from the other
If you are on good terms with your former partner, it can seem like a dramatic step to take. However, it can be difficult to predict the future and any difficult situations that may arise in regard to finances.
Read more about clean break orders
How Our Solicitors Can Help You
AWH has plenty of experience in handling the difficult elements of family law. Whether it’s just sorting out spousal maintenance or it’s a combination of legal matters that have arisen from your divorce. We can provide you with expert advice in regard to, for example:
- Divorce proceedings
- Financial settlements on divorce
- Child arrangements
- Cases of domestic abuse
- Changes to wills
- Pension sharing orders
- Immigration issues arising after divorce
- Conveyancing – if you for example need to sell the family home
Get in touch with our experts today and we can help you to get everything you need in order.Get in touch