Will I have to pay maintenance to my spouse when we divorce?

Many people will be aware of the requirement for parents to pay child support maintenance to their former spouse or partner if they have dependent children living with them, what many don’t know is that they may have to pay spousal maintenance as well.

It is fairly straight forward for separating couples to reach agreement as the level of child support payments to be paid, especially as they can use the Child Support Agency website to figure out the sum using its online calculator.  If separating couples cannot agree then the Child Support Agency will step in and collect income information before informing the couple what is owed.

However, it is more difficult to calculate levels of spousal maintenance that should be paid to a divorced spouse. Sometimes it is not immediately clear if it should be paid at all.

How does the court decide if I should pay?

Many cases are dealt with on the basis of a ‘clean break’. This means that there will be no spousal maintenance paid, although child support payments will be paid in the usual way.

Usually, spousal maintenance is only paid if there is a discrepancy between the levels of income received by the separating couple.  If one of the parties earns significantly more than the other then it is possible that a spousal maintenance claim will be made.

In considering whether this claim is valid, it is important to consider the income received by each party, their reasonable outgoings and whether there is a surplus of income against outgoings.

If one party has an income that more than meets their outgoings, then they may be required to pay spousal maintenance to a former spouse whose own income is insufficient to fund their outgoings.

What happens if a spousal maintenance order is made?

If a spousal maintenance order is made it can be made for a specific length of time, for example until the paying party retires, or it could be paid until the death of either party.

It is important to also bear in mind that when a spousal maintenance order is made it can be varied in the future, so the paying party can be asked to pay more by way of spousal maintenance at a later stage or, if it is appropriate, the payments may be reduced.

If you are concerned about issues relating to spousal maintenance we would recommend that you seek advice from a specialist family law solicitor.

For more information, or to discuss any aspect of family law, contact Janine Hutson, on 01772 258321, or at janine.hutson@harrison-drury.com