The end of a relationship is often a difficult time, especially when dealing with financial arrangements such as spousal maintenance payments.
It’s important to understand when and how to apply for these payments to ensure financial stability and fairness for both parties involved.
Understanding spousal maintenance
Spousal maintenance is a payment made by one spouse to the other following a divorce or separation.
These payments are designed to support the lower-earning spouse.
Reasons to apply for spousal maintenance
You may need to apply for spousal maintenance if you find yourself in a financially disadvantaged position following a separation. Some common reasons include:
- Income disparity between you and your former spouse, which may mean you require financial support to cover your living expenses
- If you sacrificed career opportunities to support your spouse or take care of the home
- Health issues
- Inability to work due to child care issues
How to apply for spousal maintenance
Negotiation
The first step in applying for spousal maintenance is to try to negotiate directly with your former spouse.
Open communication and a willingness to compromise can often lead to an amicable agreement without the need for legal intervention.
It is advisable to document any agreements reached during this stage and have them included in any Financial Remedy Order made so that the agreement is then binding.
Mediation
If direct negotiation fails, mediation can be a useful step.
Mediation is usually less confrontational and more cost-effective than going to court.
Court application
If negotiation and mediation do not resolve the issue, you may need to apply to the court for a spousal maintenance order.
The court will consider several factors, including both parties’ financial situations, their respective needs, and any significant changes in circumstances since the separation.
There are also other methods of Non-Court Dispute Resolution that need to be considered before a court application is made.
Reasons to amend spousal maintenance payments
Even after a financial agreement has been put in place, it is not in common for spousal maintenance payments to be altered.
Life changes constantly, and there may be several reasons why you might need to amend or vary maintenance payments. These include:
- Change in financial circumstances such as a job loss, promotion, or inheritance
- If the receiving spouse remarries spousal maintenance payments automatically cease. Payments may cease if the receiving party starts living with a new partner
- The needs of the receiving spouse may change over time, affecting the amount of support required
- Illness or disability affecting either party’s ability to work or their financial needs could justify a variation in payments
How to vary and amend spousal maintenance payments
Similar to the initial application, you will need to follow the steps of negotiation, mediation, other non-court dispute resolution, and court application.
When applying to court to vary spousal maintenance, you must prepare thoroughly.
This preparation involves gathering all relevant financial documents. Ensure you collect payslips, bank statements, tax returns, and any other evidence of income, expenses, and assets. All information must be included in a Form E-statement of financial means.
Additionally, it is crucial to document any changes in circumstances that justify the variation.
This may include medical reports, letters from employers, or evidence of changes in living arrangements.
Providing clear and comprehensive documentation will support your case.
Our team of solicitors can ensure your application is well-prepared and increase your chances of a favourable outcome.
If you require assistance with an application for spousal maintenance or to vary spousal maintenance payments or if you have any other queries, our expert family law team are here to help. Email the Head of our Family & Relationship team Alison Green (alison.green@mackrell.com) or call on (+44) 020 7240 0521 for more information.
Alison Green