Whether you need spousal maintenance, or you are being asked to financially support your ex-wife or husband, spousal maintenance can be an emotive topic and a hard area to resolve.
Our family law solicitors can help you focus on reaching an agreement that meets your needs and achieves a fair outcome.
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Spousal maintenance payments
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Whether you need help paying the household bills in the immediate aftermath of your separation, you need spousal maintenance on a longer-term basis or you are concerned by the amount of maintenance that you are being asked to pay, our family law solicitors can help you negotiate and agree on the financial support needed.
We can assist you through:
- Solicitor negotiations
- Roundtable meetings
- Family mediation and arbitration
- Converting your mediated agreement, separation agreement, or negotiated deal into a binding financial court order
- Temporary short-term maintenance court applications where you need support straight away
- Child maintenance advice
- Financial applications for property, pension, and related claims, including spousal maintenance
- Variation of spousal maintenance claims to increase or reduce or stop court-ordered spousal maintenance payments
- Negotiating spousal maintenance variation formulae, such as linking spousal maintenance payments to the retail price index or another formula
- Applications to capitalise spousal maintenance payments – this involves payment of a cash lump sum instead of ongoing regular spousal maintenance. If spousal maintenance can be capitalised a financial “clean break” (where you will be financially independent of each other in the future) can be negotiated.
- Enforcement of spousal maintenance if for any reason payments are not being paid or paid in full.
Calculating spousal maintenance
The court does not use a set formula when deciding on whether spousal maintenance should be paid, and if so, for how long. The court will look at a range of factors relating to a husband and wife, such as:
- Current income
- Earnings capacity
- Factors affecting earnings capacities such as age, disability, or childcare commitments
- Reasonable needs and outgoings
- Future needs and outgoings
Spousal maintenance can be complicated to work out as part of the overall divorce financial settlement. For example, if a husband or wife is getting a greater share of the equity in the family home so they can rehouse themselves with a modest mortgage, the other higher-earning spouse may not be able to afford to pay spousal maintenance if they need to take out a larger mortgage to rehouse themselves.
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