Can I Apply for Spousal Maintenance?

Spousal maintenance can also be referred to as a periodical payment order. One party must pay the other spouse/civil partner a sum of money on a weekly or monthly basis. 

Whilst there is an expectation in the eyes of the Family Law court that both parties will contribute financially to their own needs as far as they can, decisions made during the marriage or civil partnership may mean that one spouse will need more income to meet their needs. In such circumstances, it may be appropriate to seek spousal maintenance. 

The court has a very wide discretion and can make a whole host of orders. 

 When deciding whether to grant a spousal maintenance order, the court will have regard to those factors listed within section 25 MCA 1973, namely:

(a) The income and earning capacity that each of the parties has or is likely to have in the foreseeable future;

(b) Earning capacity, any increase in that capacity that it would be reasonable to expect the parties to take steps to acquire;

(c) The financial needs, obligations and responsibilities that each of the parties have or are likely to have in the foreseeable future;

(d) The standard of living enjoyed by the family before the breakdown of the marriage or civil partnership;

(e) The age of the parties and the length of the marriage or civil partnership;

(f) Any physical or mental disability either of the parties has;

(g) Contributions made, or likely in the foreseeable future to be made, to the welfare of the family, including any non-economic contribution;

(h) Conduct, if that conduct is such that it would, in the court’s opinion, be inequitable to disregard it;

(i) The value of any benefit that either party will lose the chance of acquiring;

The court must consider whether a clean break can be achieved immediately or over time.

The court will want to make sure any order made is fair. 

There is no strict formula to calculate spousal/civil partner maintenance. It is quantified by applying the discretionary checklist set out in section 25 MCA 1973 as listed above. In broad terms, it is quantified by balancing the income/earning capacity of each party against their needs, considering all circumstances of the case.