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What is Spousal Maintenance?
Spousal maintenance is a court-ordered payment made by one spouse to another after a divorce on an ongoing basis, often monthly.
Some may refer to it as alimony, which is an Americanised term.
This is different than child maintenance, which is a duty to pay towards the outgoings of a child if you are a non-resident parent.
There are three types of spousal maintenance:
- Joint Lives Maintenance – This continues until either party passes away, the receiving party remarries, or a further court order is made.
- Term Maintenance – This is awarded for a fixed number of years, which can be extended by court order.
- Term Maintenance with a Bar – Similar to term maintenance, the receiving party cannot apply for an extension once the set period ends.
Spousal Maintenance FAQs
How is spousal maintenance calculated?
Spousal maintenance is calculated by reference to needs (i.e. what you need on a monthly or annual basis to be able to live) and means (i.e. earning capacity).
In calculating your needs, the court will often take into consideration the standard of living during the marriage.
Is spousal maintenance taxable?
No it is not classed as taxable income.
When do spousal maintenance payments start?
Spousal maintenance starts after divorce. Before the divorce is finalised, there can be the opportunity to receive maintenance pending suit, which is essentially an interim order for spousal maintenance.
When do payments end?
Spousal maintenance can be for a fixed term or for the entire lives of the parties (i.e. until either the payer or payee dies), subject to the order of the court.
There can be other trigger events also, like state retirement age.
What if I cannot keep up with the payments?
Maintenance orders can be varied upwards or downwards depending on changes in circumstances, like illness, redundancy or a reduction in income. This should be done through an application to the court, which can be made by either the payer or payee.
If circumstances change to the extent that you cannot maintain your ex-spouse, an application can be made to court to terminate the maintenance order.
What if my ex-spouse does not pay on time?
You can apply for enforcement of a maintenance order if your ex-spouse is not paying the correct amount or is falling into arrears. The court has ways of ensuring that payment is made in future. This could lead to an attachment of earnings order for instance, whereby the employer of your ex-spouse will deduct the amount due to your ex-spouse’s salary.
Our Spousal Maintenance Service
- Expert Legal Advice – Clear and pragmatic guidance on your entitlements or obligations regarding spousal maintenance.
- Alternative Dispute Resolution (ADR) – Helping you reach fair agreements without the need for court proceedings.
- Court Representation – Providing robust legal support if court intervention is necessary.
- Variation and Enforcement – Assisting with proposed reductions or increases to existing maintenance orders and ensuring compliance with court orders.
- Termination of a Spousal Maintenance Order– Advising on when and how payments can be stopped based on changes in circumstances.
- Financial Assessments – Evaluating parties’ income, assets, and financial needs to achieve a fair outcome.
- Tailored Solutions – Providing personalised advice based on your specific circumstances.
Why Work With Our Family Team?
- Our specialist family law solicitors are experts in complex, high-value divorce, and family disputes.
- Our family law solicitors are recognised by the Legal 500.
- Our family team are all members of Resolution, the largest organisation of family lawyers in the UK, and are dedicated to dealing with matters in a non-confrontational and constructive way.
- Our team were shortlisted for the family law firm of the year (North) and financial remedies team of the year (National) at the Lexis Nexis Family Law Awards 2022.
- Our team work closely with other departments internally, including property, employment, corporate and commercial lawyers, to ensure that your financial needs are protected comprehensively.
- We provide a partner-led service to ensure you receive the very best legal advice and support for your family law issues.
- We have a large team of expert solicitors and can meet your deadlines.
- We are a full-service law firm operating from a one-site office, which means our teams communicate effectively and efficiently.
- We use the latest technology to ensure that we are working as efficiently. Geographical distance is no bar to us from providing excellent client service.
- We provide regular legal updates via our blogs, social media and local radio appearances.
- Look at the Myerson Promise for further benefits of working with us here.
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Contact Our Spousal Maintenance Lawyers
Here at Myerson, our Family Team often deal with cases involving spousal maintenance and are expertly placed to be able to assist. If you have any queries, please do not hesitate to contact them on:
01619414000
More Spousal Maintenance Advice
Variation of spousal maintenance
The Supreme Court has considered an application to vary a periodical payments order (otherwise known as spousal maintenance) in the recent case of Mills v Mills [2018] UKSC 38. The parties had been married for 13 years and had one child. They had...
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A Spousal maintenance order, also known as a periodical payments order, is an obligation for one party to pay the other a sum of money on a weekly or monthly basis. If the court grants a spousal maintenance order, it will need to determine whether...
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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 court that both parties...
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How Much Spousal Maintenance Can I Claim On Divorce?
Spousal or civil partner maintenance is also known as a periodical payments order. This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the...
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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...
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