Our spousal maintenance solicitors can help with:
- Advice on entitlement to spousal support
- Negotiating spousal maintenance agreements
- Applying to a court for a spousal maintenance order
- Varying spousal maintenance
- Non-payment of spousal maintenance
We can also advise on all other aspects of divorce and separation.
Why choose Brethertons for spousal maintenance in the UK?
- Our expertise is independently recognised with Band 1 ranking in Family/Matrimonial Law by Chambers & Partners and Tier 1 ranking for Family Law from the Legal 500
- We are accredited by the Law Society for Family Law and Family Law Advanced
- Our experts regularly advise clients on spousal maintenance and related issues
- We can help clients across England and Wales over the phone, via email and videoconferencing, as well as face-to-face where appropriate
- Our advice is straightforward and jargon-free, so you can be fully confident of your rights and options
Our spousal maintenance payments services
Advice on entitlement to spousal support
When getting divorce, it is essential to get the right expert advice as early as possible. Finding out whether you or your spouse may be entitled to spousal maintenance before you start attempting to negotiate a settlement can help to set expectations and make it much more likely that you will be able to reach agreement.
Our team will be happy to advise on spousal maintenance entitlements, making sure you know exactly where you stand and what you may be likely to achieve in a settlement or at court. You can then make an informed choice about how to move forward.
Negotiating spousal maintenance agreements
It will normally be better for everyone involved if you can decide the issue of spousal maintenance in a negotiated settlement. This is usually much faster and less costly than relying on court proceedings, but it also allows you to stay in control and keep matters private.
At Brethertons, we have strong skills in negotiation and alternative dispute resolution, including mediation and private financial dispute resolution. As such, we can help you to secure a fair settlement that meets your needs while keeping the stress and conflict involved to a minimum.
Applying to a court for a spousal maintenance order
In those situations where it is not possible to negotiate suitable spousal maintenance, then it may be necessary to apply to a court to resolve the matter. You can either request that the court consider spousal maintenance as part of an overall determination about the division of finances or you can apply separately for a court order dealing with maintenance.
As seasoned litigators, our team can make sure your case is prepared meticulously and that you are strongly represented at any hearings that take place. If you are unhappy with the outcome, we can also advise you on your right to appeal.
Varying spousal maintenance
Once spousal maintenance is set, this is not necessarily the end of the matter. Either party’s circumstances could change in the future, meaning that the receiving spouse needs more or less support or that the paying spouse’s ability to keep covering the payments changes. In these situations, it may be necessary to vary spousal maintenance payments.
Our experts can assist with negotiating any required changes to spousal maintenance payments, as well as supporting you with applying to a court to vary the payments if required.
Non-payment of spousal maintenance
It is not uncommon for the paying spouse to stop or reduce what they are paying without the agreement of the other spouse. In these situations, the receiving spouse has various options to resolve the matter. Ideally, the problem could be dealt with through friendly, open communication but sometimes stronger measures are required.
We are happy to advise on dealing with non-payment of spousal maintenance, including negotiating positive outcomes and applying to a court for a resolution if needed.
Divorce and spousal maintenance FAQs
What is spousal maintenance?
Spousal maintenance is where one spouse makes a payment or payments to the other following a divorce to help with the receiving spouse’s living costs. It is sometimes also called ‘spousal support’.
Typically, spousal maintenance is in the form of a series of ongoing payments, either for a fixed term, until a specified event occurs or indefinitely. However, sometimes spousal maintenance can instead be paid as a one-off lump sum.
How is spousal maintenance calculated?
There is no standard approach that is used to calculate how much spousal maintenance should be paid. The starting point for negotiations should be a realistic assessment of the receiving spouse’s reasonable needs, their own income and assets, and the paying spouse’s financial resources. This is also the approach a court would take if it was required to determine what, if any, level of spousal maintenance should be paid.
How to apply for spousal maintenance
There are two ways to secure spousal maintenance on divorce:
- Voluntary agreement between the parties – This is the most common option. Many people can simply agree what spousal maintenance should be paid between them, either via straightforward negotiation or using alternative dispute resolution methods, such as mediation. If a voluntary agreement is reached, this should be made legally binding by applying to a court for a ‘consent order’.
- Court order – If the parties cannot agree on spousal maintenance, then they can apply to a court to decide what, if any, maintenance should be paid. This can either form part of a more general court application to determine the division of finances in divorce or it can be its own separate application.
How much does spousal maintenance cost?
How much spousal maintenance the spouse with higher financial resources would be required to pay will depend on the circumstances.
When it comes to the cost of securing spousal maintenance, this will depend on whether the spouses can reach an agreement amicably or whether court proceedings are required. In general, the legal costs involved will be far lower if the parties can negotiate an agreement on spousal maintenance versus if they need to take the matter to court.
How long does spousal maintenance last?
How long spousal maintenance will last will be determined by what the parties agree or what is ordered by a court. There are three main options that can be set at the outset:
- Spousal maintenance is paid for a set amount of time with an agreed end date.
- Spousal maintenance is paid until a specified event occurs e.g. when all of the former couple’s children have left full-time education.
- Spousal maintenance continues indefinitely.
Other events that can end the payment of spousal maintenance include the death of either party and if the person receiving spousal maintenance remarries.
Consult our spousal maintenance solicitors in Banbury, Bicester and Rugby
To speak to our spousal maintenance lawyers today, please don’t hesitate to get in touch.
We have offices in Banbury, Bicester and Rugby, working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
