Spousal maintenance – what is it, and who is entitled to it?

Spousal maintenance is the payment of ongoing financial support that one spouse pays to the other on or after their divorce.  It is a separate matter to the issue of child maintenance, which is generally dealt with in line with the Child Maintenance Service guidelines.  Further, it does not apply to unmarried couples.

Every case is different and it will depend on the specific circumstances of the case as to whether spousal maintenance is or should be paid.  There is no set formula for calculating an amount of spousal maintenance, but the court will consider the reasonable needs, income and earning capacity of both parties.  Does one party have a shortfall in the amount of their income as against the amount of their reasonable outgoings and does the other party have a surplus of income, as against their reasonable outgoings?   If so, the court can order the stronger financial party to pay spousal maintenance to the weaker financial party.

Maintenance of this type can be a controversial topic and tends to generate strong opinions. Historically, various high-value divorce cases became front page news, with spousal maintenance awards being ordered to be paid during the parties ‘joint lives’ and which were labelled by the press as the “meal ticket for life.”

Whilst historically it was not uncommon for spousal maintenance orders to be made that lasted for life i.e. until either party died or until the recipient remarried.   Now the court has a duty to consider making what is called a ‘clean break order’ in every case, if it is possible and severing their financial ties immediately.  Otherwise, the court can order an amount of spousal maintenance to be paid for a fixed period of time e.g. for 2, 3 or say 5 years.  Thus giving the weaker party a grace period to work towards financial independence, without undue hardship, rather than having an indefinite maintenance income stream.

To avoid ongoing spousal maintenance payments, in some cases, the payments due can be rolled up and paid in one lump sum so that the parties can achieve the all-important financial “clean break” from each other.

The arguments for and against spousal maintenance are well rehearsed. On the one hand, a higher earning spouse might feel financially and otherwise burdened by having to meet an ongoing spousal maintenance claim, and some argue such awards create rather, than discourage dependency.  A financially weaker spouse on the other hand is likely to view such maintenance as fair, especially where they have a limited earning capacity which only arose as a result of a joint decision by the parties for them to be the primary carer of their children and homemaker.

There is nuance to every case. Spousal maintenance is not awarded automatically by the court on divorce, and there is no formula to decide the right amount. Whether spousal maintenance is appropriate when dealing with the financial issues arising on divorce should always be considered, even if not ultimately agreed or awarded, in every single case.

The Family Team at Tollers have extensive expertise in spousal maintenance and all financial issues arising as a result of relationship breakdown. To arrange an appointment to discuss your specific circumstances, which is always recommended…Talk to Tollers on 01604 258558.