It is important to know where you will stand financially if you decide to separate and start divorce proceedings. One question you are likely to want answered is whether you will get spousal maintenance if you divorce your husband or wife.
As a family law solicitor, I understand just how crucial it is to know what you are likely to receive as a financial settlement so you can plan for yourself and your family should you choose to start no-fault divorce proceedings. I can answer your initial financial settlement questions and help you negotiate a divorce financial settlement.
For divorce and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.
Spousal maintenance
Spousal maintenance is financial support paid by one spouse to the other, normally monthly by standing order or direct debit. Spousal maintenance is in addition to any child support payments but usually, if a spouse is paying spousal maintenance and child support, the amount is received in one monthly payment for the convenience of husband and wife.
Spousal maintenance and child support can stop at different times. For example, if children are in their teens child support may stop first. For example, spousal maintenance may stop once the family home is sold as you may then downsize and have less need for spousal maintenance because of your overall divorce financial settlement.
Who decides on spousal maintenance and child support
Ideally, you will reach an agreement on spousal maintenance and child support with the help of your family law solicitor. They will then help you secure an agreed financial court order without needing to attend a family court hearing.
If you can’t agree on spousal maintenance or child support then the family court can decide if you should get spousal maintenance and if so for how long and the monthly amount. The court cannot make a child support order other than in very limited circumstances. For example, if the parent is a high earner and top-up child support is required. If child support can’t be agreed then you can make an application to the Child Maintenance Service for the service to assess the level of child support.
Spousal maintenance and child support are confusing because two different agencies decide if you will get either spousal or child maintenance and they both use different formulas to calculate the amount. The court looks at a range of factors (such as your reasonable needs, outgoings, and earnings capacity) to decide if spousal maintenance should be paid and for how long. The Child Maintenance Service uses a mathematical formula to calculate child support. This is based on the payer’s income and the number of overnight contact visits they enjoy with the child.
Will you get maintenance?
There is no simple answer to whether you will get spousal maintenance or not. That’s because it all depends on your circumstances, those of your ex-husband or wife, and personal choices. For example:
- You may decide that you would rather have more equity from the sale of the family home than ongoing spousal maintenance payments because you don’t trust your ex-spouse to make the ongoing payments or you are worried that they may lose their job and struggle to get another one. If you get more equity from the sale of the family home you may be able to buy mortgage free or with a small mortgage and therefore have fewer outgoings and no need for spousal maintenance payments
- If you and your former spouse are nearing retirement a pension sharing order and a regular income from your ex-spouse’s pension fund, rather than spousal maintenance, may be your best option. That’s because if you receive a pension sharing order your share of your ex-spouse’s pension continues to be paid after your former spouse dies. Spousal maintenance stops if your ex-spouse passes away
Spousal maintenance options
As well as understanding a bit about how spousal maintenance is calculated it is also important to know about how long spousal maintenance will be paid for. That may influence your decisions on whether you want to stay in the family home, downsize or try to get a better-paid job, or increase your hours of work.
Spousal maintenance can be paid for life – that means the maintenance stops if you remarry or your former spouse dies or the court makes an order stopping the spousal maintenance payments. Lifetime spousal maintenance is only normally ordered if the marriage was of long duration, there is a big income disparity, and not enough capital to buy off or capitalise your spousal maintenance claims.
The court will normally order time-limited spousal maintenance. The time limit will depend on your situation. For example, if your children are of preschool age or if you are studying to get a better paid job or to give you time to acclimatise to the divorce and to find employment. In some cases, you can apply to the court to extend the time limit and in other situations, the court will order that the time-limited spousal maintenance term can’t be extended.
Spousal maintenance changes
It is important to remember that spousal maintenance payments can go up or down and can be stopped early by the court. For example, the court could order that payments should stop if your ex-spouse loses their job and can’t get another one or the payments could reduce if you receive a large pay rise but your ex-spouse has not had a similar pay rise.
Negotiating spousal maintenance
You should not negotiate spousal maintenance in isolation from your other financial claims unless you are sorting out time-limited financial support until you decide what will happen with the family home or until you reach a financial settlement.
When you are negotiating spousal maintenance, you need to factor in all your other financial settlement claims, such as the equity in the family home, a share of the family business or your spouse’s pension, or a lump sum order. All these claims can seem overwhelming and confusing at first but the job of a family law solicitor is to work through them all and guide you to the best overall solution for you and your family.
For advice on divorce proceedings and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.