Key facts about spousal maintenance

Janine Hutson, Senior Associate

A spousal maintenance order (periodical payments order) may be made when a spouse will be unable to meet their outgoings and expenses from their own income following a divorce.

A spousal maintenance order will usually only be made in cases where there is a disparity of income between the spouses, with one spouse having a higher level of income than the other. For a spousal maintenance order to be made, the paying spouse must have a surplus of income over and above what is needed to meet their own outgoings and expenses.

Spousal maintenance payments can be required in addition to child maintenance payments. The amount paid by way of child maintenance will be taken into account when the level of spousal maintenance is calculated.

Spousal maintenance payments can be paid for a fixed term. For example, a spouse may intend to return to work following a period of time caring for their children or intend to obtain further qualifications or training to increase their income. Spousal maintenance payments could be ordered for this specific period of time, and then cease.

In some circumstances it will be appropriate for spousal maintenance to be paid on a ‘joint lives basis’, until either spouse dies. These circumstances will be rare, as the Family Court seeks to ensure that divorced couples can have a financial clean break from each other, wherever possible.

A spouse may also be ordered to pay a lump sum to the other in lieu of spousal maintenance. In cases where spousal maintenance would be appropriate, and there is sufficient capital assets available to do so, the paying spouse could pay a lump sum payment to ‘capitalise’ or ‘buy out’ the spousal maintenance claim. This would enable the couple to have a financial clean break from each other at an earlier stage.

It is important to be aware that when a spousal maintenance order is in place, it can be varied. If either spouse’s circumstances change the amount of a spousal maintenance order can be increased or decreased. Depending on the extent of the change in circumstances, the need to pay spousal maintenance could cease. Either spouse can apply to the Court for the amount of spousal maintenance to be reconsidered. When such an application is made, it will be possible for the Court to also considered if a lump sum should be paid at that stage, in lieu of the ongoing payments.

If the spouse receiving spousal maintenance remarries, their entitlement to receive the payment automatically stops. If they cohabit with a new partner, the payments may also cease, but this would not be automatic. This is a change of circumstances when an application to vary the payment, or cease the payments, should be considered.

For more advice on separation, divorce or legal assistance for families please contact the Family Law department on 0161 832 3434 or email info@kuits.com.