I’m divorcing and fear financial strain – what help can I get?

Many people facing divorce who have relied on their spouses’ earnings – and do not have their own income streams – are understandably anxious about their future finances.  

Major income gaps between you and your ex may result in you receiving ongoing financial support, known as spousal maintenance, to prevent undue hardship.

This is particularly relevant when considering the well-being of any children who are caught up in the relationship breakdown – whose interests should always come first. 

What is spousal maintenance?

Spousal maintenance is a payment made to you by your ex as part of the financial settlement relating to your divorce.

Usually paid monthly, it can last for a defined period or, in increasingly rare cases, the rest of your life. As you do not have an income, you may be entitled to a maintenance claim to help manage your monthly outgoings. This is based on need and, in some cases, can be applied for as an emergency measure.  

How is the amount of spousal maintenance decided?

There is no set formula to calculate spousal maintenance. The sum and its duration can be settled through mutual agreement between you and your ex.

If you can’t agree, the Court can decide the amount to be paid and the length of time it will be paid. 

The first step is to establish whether there should be any spousal maintenance at all.

In every case the Court must consider the possibility of a clean break order – a financial order with no financial obligations between the two of you in the future.

This is also something which you will need to consider if you embark on alternatives to divorce which do not involve going to Court such as negotiation, mediation or collaborative family law.  

Only if a clean break is not appropriate immediately, can you move on to the next stage of determining the amount of spousal maintenance and its duration.

What happens if my situation changes?   

If your circumstances or those of you ex alter significantly after a spousal maintenance order has been made, either of you can apply to the Court to vary the terms of the order.

The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.

Can my spousal maintenance be stopped?

Yes, your spousal maintenance will stop if you remarry or enter into a civil partnership or if either of you dies.

It will usually be paid for a period of time to enable you to adjust to financial independence or your financial needs are reduced, for example, when your children finish school or university, or leave home.

Is spousal maintenance the same as child maintenance?

No. Child maintenance is mandatory for both parents for children under sixteen and youngsters under twenty who are still in full time education. The amount payable is calculated in accordance with a set formula which is accessible online .  Most separated couples agree what should be paid using the calculator. If you are unable to agree then an application can be made to the Child Maintenance Service which then decides the amount.

For queries on spousal maintenance, child maintenance or any aspect of divorce and family law, call us at Leeds on 0113 246 0055, Harrogate on 01423 276104, or York on 01904 202550. Visit www.jonesmyers.co.uk, email info@jonesmyers.co.uk or tweet us @helpwithdivorce