Debunking the Spousal Maintenance Myth: A Clearer Perspective

There is a popular misconception that the payer needs to pay spousal maintenance pursuant to a joint lives order until the death, remarriage or cohabitation of his or her ex-spouse.

Historically, joint lives orders were made to protect the financially weaker party post-divorce when there was sufficient uncertainty surrounding the ability of the financially weaker party to become financially independent due.

For example, to the need to care for children of the family during their minority.

Many payers find themselves in the invidious position of paying spousal maintenance many years after the breakdown of the marriage.

However, it is possible to apply to the court to:

• Discharge the spousal maintenance order.
• Vary the spousal maintenance order.
• Substitute spousal maintenance with a lump sum order, property adjustment order, or a pension sharing order.

An application to discharge or vary a joint lives maintenance order does not enable the payee to have a "second bite of the cherry" and ask for the same level of orders that could have been made on divorce.

At Myerson, our family law solicitors understand that separation and divorce is an emotional and confusing experience, and the divorce process can seem daunting.

We provide a personal service that allows you to focus on your emotional needs whilst we deal with your legal needs.

We have links with local therapists who we can put you in touch with for additional emotional support.