Divorce can be a difficult and emotional process, especially when it comes to sorting out finances. One important aspect that many people encounter during a divorce is spousal maintenance, sometimes called “spousal support”. This refers to payments made by one spouse to another after divorce, intended to provide financial support for the lower-earning spouse. Understanding how spousal maintenance works in England and Wales is crucial for ensuring both parties are fairly treated. In this blog, we’ll cover the key details you need to know about spousal maintenance during a divorce in England and Wales. (Scotland and Northern Ireland have different rules.)
1. What is Spousal Maintenance?
Spousal maintenance is financial support that one spouse (usually the higher earner) pays to the other after the breakdown of their marriage or civil partnership. The purpose is to ensure the lower-earning spouse can meet their reasonable living expenses, especially if they’ve sacrificed their career or earning potential for the family during the marriage. It’s different from child maintenance, which is intended specifically for supporting children.
2. When is Spousal Maintenance Awarded?
Spousal maintenance is not automatically awarded in every divorce. The court will assess each case individually, looking at factors like:
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Length of the marriage: Generally, the longer the marriage, the more likely spousal maintenance will be considered.
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Financial needs and resources: Both parties’ income, financial resources, and reasonable needs are evaluated.
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Earning capacity: The court considers the ability of each party to earn money in the future, and whether one spouse needs additional support to gain financial independence.
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Age and health of each spouse: If a spouse is unable to work due to health reasons or age, this may influence the decision.
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Contributions to the marriage: If one spouse gave up their career to raise children or manage the household, this contribution can be considered a valid reason for spousal support.
3. How Much and For How Long?
There’s no strict formula in England and Wales for calculating spousal maintenance, unlike child maintenance, which follows a more structured approach. Instead, the court uses its discretion based on the couple’s circumstances.
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Amount: The court tries to ensure a fair standard of living for both spouses. However, the paying spouse should not be left without enough to support their own reasonable needs. In many cases, spousal maintenance is meant to cover any shortfall in the recipient’s financial needs.
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Duration: Spousal maintenance can be awarded for a fixed term or on an ongoing basis. Typically, for shorter marriages, it might be limited to a specific period (e.g., 2-5 years) to allow the lower-earning spouse time to get back on their feet. For long marriages, especially where one spouse has been financially dependent for many years, payments may continue indefinitely or until circumstances change (e.g., remarriage of the recipient or retirement of the paying spouse).
4. Can Spousal Maintenance Be Adjusted?
Yes, spousal maintenance can be reviewed and altered if circumstances change significantly. For example, if the paying spouse loses their job or the receiving spouse’s financial needs decrease, it may be possible to apply to the court for a variation of the maintenance order.
If the person receiving maintenance remarries or enters a civil partnership, ongoing spousal maintenance ends automatically. Moving in with a new partner does not end it automatically, but it can be a reason to apply to vary or end the payments. None of this affects child maintenance, which continues regardless of either parent’s relationships.
5. Can We Agree on Spousal Maintenance Without Going to Court?
Absolutely. Many couples prefer to come to an agreement on spousal maintenance outside of court. This can be done through negotiation, financial mediation, or collaborative law. If both parties agree, they can ask the court to make the agreement legally binding by issuing a consent order. This route is usually less stressful, quicker, and more cost-effective than going through litigation.
6. Tax Implications of Spousal Maintenance
One key point to note is that, in the UK, spousal maintenance is not taxable income for the recipient and not tax-deductible for the payer. This is unlike some other countries, such as the US, where tax rules around alimony differ significantly.
7. What Happens if Payments Are Not Made?
If the paying spouse fails to meet their spousal maintenance obligations, the recipient can apply to the court to enforce the order. This can result in legal consequences for the defaulter, such as deductions from their wages or seizure of assets.
8. How to Get Legal Advice
Navigating divorce and spousal maintenance can be complex and emotionally draining. Seeking independent legal advice from a solicitor who specialises in family law is recommended to ensure you understand your rights and obligations. If affordability is a concern, some may qualify for legal aid or low-cost legal services.
Conclusion
Spousal maintenance can be an essential lifeline for individuals who have been financially dependent during the marriage. Understanding how it works that both parties receive fair financial treatment post-divorce. If you find yourself facing a divorce, it’s important to consider how spousal maintenance might affect your financial future and seek guidance to reach a fair outcome.
Remember, every situation is unique, and the best outcome is one that is fair for both parties while allowing everyone to move forward into a more stable and positive future.
Talk it through
If you’re going through a divorce or considering your options, book a free 10-minute call with Ark Mediation or call 0330 043 6360 to talk through how mediation can help you agree maintenance.
