What is Spousal Maintenance?
Spousal maintenance refers to the financial payments made by one spouse to another following a separation or divorce. Its purpose is to ensure that the financially weaker spouse can meet their living expenses and maintain a reasonable standard of living. Agreeing spousal maintenance involves factors such as:
• The length of the marriage.
• The financial resources of each party.
• Contributions made to the family, both financial and non-financial.
Given the complexities involved, reaching a fair and workable spousal maintenance agreement often requires professional assistance.
Why Choose Family Mediation for Spousal Maintenance?
Family mediation offers a structured, non-confrontational environment where separating couples can negotiate financial arrangements, including spousal maintenance, with the help of a trained mediator. Here’s why it’s often a better choice than pursuing the matter through the courts:
| Family mediation | Court | |
|---|---|---|
| Cost | Usually far less: a few sessions, priced per person | Court fees and legal fees, often several thousand pounds each |
| Speed | Often a few weeks to a few months | Often many months, sometimes over a year |
| Flexibility | You design an agreement that fits your circumstances | A judge decides within legal limits |
| Control | You both stay in control of the outcome | Control is handed to a judge |
| Relationship | Encourages cooperation and communication | Often adversarial, which can increase tension |
| Privacy | Confidential discussions | Formal hearings, usually in private, with decisions on the court record |
By choosing mediation, couples not only save time and money but also maintain a sense of autonomy, which is crucial when making long-term financial decisions.
How Long Does Spousal Maintenance Last?
There are several options, and mediation lets you choose what suits your circumstances:
• A clean break: no ongoing maintenance, often balanced by a larger share of capital or pensions.
• A fixed term: payments for a set period, for example until children start school or the receiving spouse retrains.
• Joint lives: ongoing payments, usually where one spouse has been financially dependent for many years. These can be varied later if circumstances change.
Ongoing maintenance ends automatically if the person receiving it remarries or enters a civil partnership. Whatever you agree, a solicitor can include it in a consent order to make it legally binding.
Key Steps in the Mediation Process
- Initial Meeting (MIAM)
A Mediation Information and Assessment Meeting (MIAM) determines whether mediation is appropriate for your situation.
- Information Gathering
Both parties disclose their financial circumstances, including income, expenses, assets, and liabilities, in an Open Financial Statement.
- Exploration of Needs
Mediators guide discussions to identify financial needs, priorities, and potential solutions.
- Negotiation
With the mediator’s help, both parties work toward a mutually acceptable spousal maintenance agreement.
- Agreement Drafting
The mediator drafts a Memorandum of Understanding (MOU) summarising the agreed terms, which can be formalised legally if required.
The Right Mindset for Successful Mediation
A successful mediation process depends on both parties adopting the right mindset. Here’s what it takes:
• Willingness to Collaborate
Mediation works best when both parties are open to negotiation and compromise.
• Focus on Fairness
Aim to create a solution that is equitable for both parties, considering current and future financial needs.
• Respect and Patience
Respect each other’s viewpoints and understand that resolution may take time.
Why Mediation Sometimes Fails
Mediation can fail when:
• One or both parties are unwilling to engage in open dialogue.
• There’s an imbalance of power that the mediator cannot manage.
• Key financial information is withheld or misrepresented.
• Unrealistic expectations are set, making it difficult to reach an agreement.
If mediation fails, alternatives such as arbitration or court proceedings may need to be explored, but these are typically more costly and time-consuming.
How to Prepare for Mediation
To make the most of the mediation process:
- Gather Financial Documents
Be ready with documents showing income, expenses, assets, and liabilities.
- Clarify Your Goals
Think about your financial needs and what you hope to achieve from the mediation.
- Stay Open-Minded
Be prepared to listen to your ex-partner’s perspective and explore creative solutions.
Start Your Mediation Journey with Ark Mediation
If you’re ready to resolve your financial disputes amicably and reach a fair spousal maintenance agreement, family mediation could be the solution. At Ark Mediation, we specialise in guiding separating couples through this challenging time with compassion, expertise, and efficiency.
Book a free 10-minute call or call 0330 043 6360. You can also read more about financial mediation and see our fees.
