In the UK there is a common belief that, on divorce, each spouse is automatically entitled to half of the other’s income and assets. That is not the case. What one spouse receives depends on the circumstances, and in some situations that includes spousal maintenance.
What is spousal maintenance?
Spousal maintenance in the UK is the financial support that one spouse may be required to pay the other following a divorce or separation. Its purpose is to help the financially weaker spouse maintain a reasonable standard of living after the relationship ends. It can be awarded where one spouse earns a significantly higher income, or where the other needs financial assistance to meet their basic needs.
The three types of spousal maintenance
There are three types of spousal maintenance that a court can award.
Needs-based maintenance
This is often awarded when one spouse can show a genuine financial need because they are unable to support themselves adequately, whether due to childcare responsibilities, health issues or limited earning potential.
Compensatory maintenance
Maintenance can also be awarded to compensate a spouse for sacrifices made during the marriage, such as giving up a career to look after children. It is worth noting that this is not granted in every case, only in some.
Clean break orders
Courts in the UK generally prefer to make a clean break order, which ends all financial ties between the parties. In some cases, however, ongoing maintenance is necessary to achieve a fair outcome.
How much spousal maintenance is awarded?
There is no fixed formula for spousal maintenance, and the amount varies depending on the specific circumstances of each case. It is decided either through negotiation between the parties or by a court order. When assessing how much should be paid, the court weighs up a number of factors.
Financial needs. The court assesses the financial needs of the receiving spouse based on their living expenses, housing costs and any other financial obligations. Both parties must therefore give the court full financial disclosure, setting out their respective income, capital, debts and obligations.
Income and earning capacity. The court considers the income and earning capacity of both spouses, including their current income, future earning potential and any assets or financial resources.
Standard of living. The court may aim to maintain a reasonable standard of living for the receiving spouse, similar to the one enjoyed during the marriage. It is not obliged, however, to place the financially weaker spouse in a better position than they were in during the marriage.
Duration. The length of a maintenance order can vary depending on the length of the marriage and other relevant factors. It may be temporary or indefinite.
Childcare responsibilities. If one spouse is the primary carer for children of the marriage, this can affect the calculation, as caring for a child may limit their ability to work and support themselves. Any financial arrangements for the children are a separate matter, and both parents will always have a financial obligation to their children, even under a clean break order.
Special circumstances. Health issues, disabilities or sacrifices made during the marriage are taken into account as special circumstances. For example, the financially weaker spouse may originally be from another country and have little access to nearby family support.
How long does spousal maintenance last?
Spousal maintenance can be temporary or ongoing, depending on the circumstances. Orders made for a fixed term are designed to give the receiving spouse time to become financially independent, and are known as term maintenance.
In other cases, maintenance continues until a significant event, such as the receiving spouse remarrying, either party dying, a further court order, or the expiry of a fixed maintenance term.
In rare cases, maintenance can continue indefinitely, although the courts encourage financial independence wherever possible.
Can spousal maintenance be changed?
Spousal maintenance can be changed if circumstances change after the order is made, for example a loss of employment, serious illness, retirement, or a substantial increase or decrease in income.
Either party can apply to the court to vary the maintenance order if they believe the current arrangement is no longer fair or manageable.
How Davisons Law can help
Spousal maintenance is often one of the most complex and sensitive aspects of a divorce. Because every case is different, the outcome depends on the unique financial circumstances of both parties.
It is important to get legal advice early so you understand your rights and obligations and can negotiate a fair, realistic financial agreement. Get in touch with our family law team at Davisons Law today on 0808 3036 987 and we will be in touch to help.
