When it comes to divorce and civil dissolution, financial settlements (including spouse maintenance) are often the greatest point of contention between the parties.
Not only can the subject of spousal maintenance be controversial and upsetting for divorcing couples, but it can also be confusing.
This is because there’s often little understanding around when spousal maintenance should be considered, how much it should be, and how long it should be paid for.
Fortunately, the expert divorce solicitors at Freeman Jones Solicitors can help you to learn more about spousal maintenance, including what the rules are in the UK and how you can negotiate for a better spouse maintenance payment.
In this comprehensive guide to spousal maintenance, our professional team of solicitors explains how spousal maintenance is calculated, when someone might be eligible for this payment, and how long this payment must be made for.
We also answer some of the most frequently asked questions related to spousal maintenance.
Alternatively, if you’d like to receive more tailored legal advice regarding your divorce or dissolution, please don’t hesitate to get in touch with our knowledgeable team today.
We offer free, no-obligation, 20-minute consultations, so why not give us a call?
What is spousal maintenance?
Also referred to as spousal support, spousal maintenance is often a regular payment, typically made on a monthly basis (though it can be paid in a lump sum for former couples that prefer a ‘clean break’), from a higher-earning husband or wife to their former spouse.
What is the reason for spousal maintenance?
Spousal maintenance payments are often required from the former spouse with the higher income to help cover the other person’s living costs if they don’t possess the sufficient income themselves to meet their needs.
In the UK, spouse maintenance is generally paid until such a point that the recipient becomes financially independent. Still not convinced as to why you should pay spousal maintenance in the UK?
In the eyes of the law, marriage and civil partnership involves certain financial and emotional commitments. As a result, long-term financial assistance may be necessary to prevent your former spouse or civil partner from financial hardship and subsequent harm to their general well-being.
What is the spousal maintenance rule in the UK?
Unsure what the rules are regarding spousal maintenance in the UK? In the UK, spousal maintenance can either be entered into voluntarily or court-ordered in the form of a Maintenance Order.
It’s often far more cost-effective to come to an agreement regarding spouse maintenance out of court, but in some cases, court action may be necessary if the two parties cannot agree on whether spousal maintenance is necessary, the payment amount, or payment term.
These payments are either set for a certain period of time (known as a term order) or until one party dies, marries another person, or enters into a new civil partnership. The payment amount can also be adjusted if either party’s financial circumstances change.
For example, if your former spouse secures a higher-paying job, you could request that the spousal maintenance payment is increased.
When should spousal maintenance be paid?
You can request spousal maintenance as soon as your marriage or civil partnership ends. You needn’t have obtained an official divorce or civil partnership dissolution to claim these payments, only be separated.
Is my wife entitled to spousal maintenance?
While the rules around the payment of spousal maintenance in the UK are clear, you may be unsure as to whether your former wife or husband is entitled to it.
As a general rule of thumb, your former spouse will be entitled to spousal maintenance if they don’t have enough assets or income to cover their ongoing financial needs.
For example, if your former wife took care of the home and children while you generated an income during your marriage, it’s likely that you would be required to pay some level of spouse maintenance until they were able to financially support themselves.
If you’re still unsure as to whether your former spouse or civil partner is entitled to this payment or you cannot come to a voluntary agreement between yourselves, then the court will decide.
Alternatively, you may wish to seek mediation services from an experienced divorce solicitor, like Freeman Jones Solicitors. We’ll work with you to draft and execute a fair financial settlement, helping you to avoid costly and stressful court proceedings.
To find out more about our divorce services, please don’t hesitate to give us a call today.
Can a husband claim spousal maintenance from his former wife?
Yes, husbands can claim spousal maintenance from their former wife and vice versa. This is because the sex of the parties isn’t taken into consideration when determining who receives spousal maintenance in the UK.
Instead, the decision as to whether spousal maintenance should be paid (and if so, how much it should be) is calculated using other factors such as both parties’ earning capacity,
How are spousal maintenance payments calculated?
Whether you decide between yourselves or seek support from the court, spousal maintenance payments should be calculated by assessing a few different factors.
This includes the ongoing financial needs of the party requesting spousal maintenance, the income of both parties (as well as their earning potential if they’re not currently in work), and the standard of living they enjoyed during the time they were married.
You should also take into account how long you’ve been married, whether either party stopped working during your marriage or civil partnership to take care of the home or children, and whether your financial needs are likely to change as a result of the separation.
The ability of the prospective payer to make spousal maintenance payments should also be considered by the court. This is because it’s unlikely that the income of one party would be able to feasibly support the separate financial needs of both parties when separated.
Which factors aren’t considered when calculating spousal maintenance?
As spousal maintenance in the UK is commonly agreed between parties without court assistance, it’s important that you have an understanding of which factors shouldn’t be used to determine whether, or how much, spousal maintenance should be paid.
This includes who caused the marriage or civil partnership to end, the grounds used for a divorce, who paid for what during the course of the marriage, and who chose to have children or put their career on hold to look after the home or children.
Similarly, any familial support or inheritance in the long-term futures of either party should also not be taken into account.
Furthermore, if your former spouse or civil partner has started seeing another person (but crucially, not cohabitating with them), their new partner’s financial circumstances shouldn’t have any bearing on whether, or how much, spousal maintenance you should receive.
Will my spousal maintenance stop if I live with my new partner?
When you cohabit with a new partner, your former spouse or civil partner could argue that your financial needs are reduced or met completely by your new partner. As a result, you may no longer need to receive spousal maintenance from your former partner.
However, this naturally depends on the financial circumstances of your new partner and how much financial support they provide you with.
Can I hide income to avoid paying spousal maintenance?
While it is possible for you to hide assets and income, this is likely to only cost you more time, money, and stress. This is because if your former partner suspects that you’re being dishonest about your income, they will often choose to escalate your case to court.
At this point, you will need to provide full disclosure of your financial status by filling in a Form E. This document should include all information relating to your income, assets, investments, savings, pensions, and liabilities (including any debt).
At the bottom of this form, you must sign the document to attest to the fact that all the information you’ve included in the form is true and accurate. As a result, if this information is found to be purposely false, misleading, or inaccurate, then you will be committing fraud.
The consequences for which are criminal proceedings which could lead to a fine or even imprisonment under the Fraud Act 2006. Furthermore, the court is likely to be unimpressed with any deceitful behaviour and will take this into consideration when determining the level of spousal maintenance.
Do I pay tax on spousal maintenance?
If you’re the recipient of spousal maintenance, then you will not be required to pay tax on this money – regardless of whether you receive it in a lump sum or regular monthly payments. This is because tax should have been automatically taken from the payer’s income.
How long is spousal maintenance paid for?
The duration over which spousal maintenance payments are made varies on a case-by-case basis. These payments could be set a specific term, e.g. five years, or made until one party either dies, marries another person, or enters into a new civil partnership.
Spousal maintenance must usually be paid until the spouse can either financially support themselves or their financial requirements have been reduced. For example, if their children have left the family home and they no longer have to financially support them.
What happens if I can’t pay spousal maintenance?
Concerned that you can no longer afford to pay spousal maintenance? Fortunately, spousal maintenance payments have the potential to be adjusted to suit various changes in circumstances of both the payer and the recipient.
While they can be increased if your finances take a more favourable turn, they can also be reduced, suspended, or discharged completely if your income is adversely impacted, or your former spouse’s financial circumstances have changed.
For example, if you have recently lost your job or your former spouse has achieved a higher-earning job. However, it’s important to follow the relevant legal procedures instead of simply stopping or paying less spousal maintenance.
If your former spouse doesn’t agree to the change in spousal maintenance, you’ll need to apply to the court to seek a reduction. If you fail to apply to the court for your spousal maintenance to be adjusted, the recipient could seek legal action to enforce payments.
This might involve them obtaining an attachment of earnings order, warrant of control, or third-party debt order. If you can’t pay your spousal maintenance, we always recommend discussing the issue directly with your former spouse first.
If you can’t come to a mutual agreement, however, please don’t hesitate to seek legal advice from an experienced divorce solicitor, like Freeman Jones Solicitors. We can help you to adjust your spousal maintenance following a change in your circumstances via mediation or court action.
Do I have to pay spousal maintenance if I remarry?
Yes, if you have an agreement or court Maintenance Order to pay spousal maintenance, you will still need to continue making these payments even if you remarry or enter into a new civil partnership.
However, if the recipient of your spousal maintenance payments remarries or enters into a new civil partnership, your payments should cease automatically.
Spousal maintenance after divorce or dissolution
Struggling to come to an amicable agreement regarding your spousal maintenance? Or maybe you’ve already come to a mutual agreement but require expert legal help making your arrangement legally binding.
Regardless of what kind of legal advice, support, or services you require to obtain your divorce or separation, you can rely on the compassionate, successful, and experienced divorce solicitors at Freeman Jones Solicitors to help.
Our wide range of divorce services includes mediation, drafting financial settlements, explaining each step of the divorce process, and supporting you with other potentially relevant areas of family law, such as children matters, domestic violence, and prenuptial agreements.
To learn more about how we can help with your divorce or civil dissolution, please don’t hesitate to contact our expert divorce solicitors today.
You can also arrange your free, no-obligation, 20-minute consultation by giving us a call on 01244 506 444, emailing us at info@fjsolicitors.co.uk, or filling in our convenient online contact form.
