Spousal maintenance - am I obligated to pay? If so, how much and how long for?

While the payment of spousal maintenance is usually decided based on the payer's and the recipient's respective incomes, a balancing act is needed to ensure fairness is achieved in terms of amount and duration.

How much?

As the payer, your current income, outgoings and income potential are all considered before working out the amount to be paid(on a yearly or monthly basis). This is case-specific and depends on the finances for both you and your spouse.

There could be ‘nominal maintenance’ which is a nominal amount, to keep the door open for the receiver, in the event that it would be unfair to have a ‘clean-break’ now.

You might also prefer to ‘capitalise the maintenance,’ so you, in effect, ‘buy-out’ the maintenance claim rather than continue to pay the sum monthly.

How long for?

The order may be:

• Interim – i.e. paid until a financial agreement has been reached or final court order made
• Short-term – i.e. a few years to allow for independence
• Medium-term – i.e. while children are young or finish education
• Long-term – i.e. until retirement or for life.

Maintenance provisions will also cease at the point of re-marriage, death or potentially, if the receiver cohabits with a new partner.

What if I can't pay?

If there is an existing obligation to pay and your circumstances have changed, then it is possible to agree or apply to reduce or cease the payments.

Keytakeaway

There are many misconceptions surrounding spousal maintenance and this can result in a great deal of confusion, unnecessary expense and delay. Every case is different and therefore, we highly recommend that you seek legal advice in order o understand the law in this area and how it applies to you.

For more information or advice, please contact our New Enquiries team on 020 7405 1234, or complete the form below.