After a divorce, it's natural to wonder about the future, especially when it comes to finances. This can be a particularly worrying time if you did not work as you were caring for your children or have a low income. In some cases, the question of whether 'spousal maintenance' should be paid is asked but how is that determined?

What Exactly is Spousal Maintenance?

Simply put, spousal maintenance is money that one spouse might need to pay the other after a divorce or separation. It's a way to help ensure both people can maintain a certain standard of living, especially if one person was more financially dependent during the marriage.

How is it Decided?

• Needs and abilities: If one spouse needs financial support and the other can afford to provide it, this plays a significant role.
• Marriage duration: Longer marriages might see higher support, especially if one person stayed home for years.
• Age and health: If one partner can't work due to age or health issues, it's taken into account.
• Skills and training: Maybe one spouse needs some support while they train for a new job or career.

Is it Forever?

Not necessarily. Spousal maintenance can be:

• Temporary: Just for a short period, like while one spouse goes back to school.
• Long-term or permanent: Especially in longer marriages where one person might not be able to support themselves fully.
• Lump-sum: Instead of regular payments, sometimes one larger payment is made.

Can it Change?

Yes! Life is unpredictable. Maybe the person receiving support gets a great job or the one providing encounters financial challenges. Changes in circumstances can lead to adjustments.

A Few Pointers:

• Be Open: Like with most aspects of divorce, transparency is essential. Both parties should be upfront about their finances as there is on ongoing duty to provide full and frank disclosure.
• Document Everything: Keep track of payments or any agreements. It's always good to have a record. Spousal maintenance payments can be included in a financial order or separation agreement so it is clear what has been agreed.
• Ask for Help: This can be a complex area as there is no set formula to determine whether spousal maintenance should be paid and if so for how long, it all comes down to the individual circumstances of the people involved. Its always a good idea to seek legal advice if you are unsure.

Conclusion

While the idea of spousal maintenance might seem daunting, it's there to ensure fairness and support as both individuals transition into their new lives. As always, at JBHS Solicitors, we're here to help, ensuring you're well-informed and prepared every step of the way.