Spousal Support Maintenance Lawyers

In the UK, a spouse with a lower income or no income is usually entitled to spousal maintenance.

However, there is no guarantee of spousal maintenance. Receiving spousal maintenance is usually only awarded when one spouse cannot cover their living expenses alone. Whether or not a spouse is eligible to receive it depends on a range of factors, including:

• The financial resources and needs of the divorcing spouses
• Each individual’s income and earning potential
• How long the couple have been married

If you would like to talk to a spousal support solicitor today or discuss any other aspect of divorce and finances, please don’t hesitate to get in touch.

When a couple divorces or dissolves their civil partnership, if one partner is unable to support themselves financially, their ex-spouse or partner may be required to pay them spousal maintenance.

Spousal maintenance is a set payment that is paid regularly â€â€Åâ€Åâ€Å“ for example, on a monthly basis. In some scenarios, it might also be paid as one lump sum. The amount that an ex-partner is entitled to depends on their current income, earning potential, and need for living expenses.

If you are confused about your entitlements and would like more information, one of our spousal maintenance solicitors can help you.

There are various different types of spousal support, including:

Fixed term spousal maintenance: This Order is awarded for a specified time frame, for instance, a period of years when an ex-spouse is preparing to return to the workforce and find employment.

Nominal spousal maintenance order: Referring to an Order made for a nominal amount, usually £1 per year, with the intention of keeping the ex-spouses claim open. This provides security, as the amount could then be adjusted in the future, should there be a significant change in circumstances.

Lifetime spousal maintenance order: This means that the ex-spouse can receive maintenance payments either until the ex-partner supporting them passes away, or until they remarry or enter into a new civil partnership.

Our divorce solicitors can assist clients in determining which type of support is most appropriate in their circumstances and help them negotiate this with their ex-partner.

How much spousal maintenance you receive depends on the case and the divorcing spouses’ financial situations.

Spousal maintenance payments are calculated according to various factors, including:

• Financial needs and resources
• Earning capability and income
• The standard of living that the spouse who will receive the payments previously experienced (before the marriage broke down)
• How long the couple were married

It is not uncommon for disputes to arise regarding how much spousal maintenance an individual should receive. Our spousal maintenance solicitors can support you if you are facing a dispute.

No, spousal maintenance is not classed as taxable income. If you receive spousal maintenance, you will not need to declare it as income.

If you would like to apply for spousal maintenance in the UK, you may be able to do this by coming to a voluntary agreement with your ex-spouse. You can use various routes to reach an agreement, such as mediation or arbitration.

Where it is not possible to reach an agreement out of Court, you will need to apply for a Spousal Maintenance Order in Court.

When you are arranging spousal maintenance, it is important to seek the support of a solicitor who can provide legal advice and guidance. If you have any questions, our spousal support lawyers would be more than happy to answer them for you.

In the UK, you cannot apply for alimony, but you can apply for spousal maintenance. However, these are the same types of financial support, simply with different names.

Yes, in certain circumstances, spousal support can be changed after divorce, for example, if the spouses’ situation changes significantly. A drastic improvement in their financial situation could mean receiving less spousal support. In contrast, a worsening of their financial situation would likely result in them qualifying for a higher amount of spousal support.

Divorce maintenance payments are determined by what is fair in the current circumstances, and so if these circumstances change, the spousal support payments will be adjusted to reflect this.

Spousal support means that one spouse continues to financially support the other in the aftermath of the divorce, where that spouse would otherwise be unable to support themselves.

Child support, often referred to as child maintenance in the UK, is paid by the spouse who will no longer be living with the child, and focusses on the child’s needs. The Child Maintenance Service determine how much child maintenance is payable, based on set criteria.

Spousal support payments are not based on set criteria and are often negotiated between spouses or determined by the Court when this is not possible.

If you would like to apply for spousal support after divorce, please contact our expert spousal support solicitors at Crisp & Co today.

Spousal support may be paid in set monthly payments or as a lump sum. The latter option allows the spouses to have a clean break, meaning that they are no longer financially tied to one another.

How long spousal support lasts depends on the circumstances and the type of spousal support. If it is unlikely that the receiving spouse will ever be in a position to fully support themselves financially due to their age or health, their ex-spouse may be required to make spousal maintenance payments for the rest of their life.

Alternatively, if it is judged that the financially dependent spouse could realistically return to work in the near future, spousal support payments are likely to be awarded only for a set duration, such as three years.

To discuss maintenance payments in the UK today, please get in touch.

If your ex-spouse does not pay the spousal maintenance ordered, you are advised to seek the support of a solicitor. Your solicitor will be able to guide you on the appropriate next steps and, if necessary, help you to seek an Enforcement Order to ensure that your spousal support is paid.