The situation of both couples can be significantly altered due to divorce. Spousal maintenance is important when one spouse is financially dependent on the other, as it may help him adapt to his/her life after separation. It is fair because it promotes the balance of living standards, particularly where one of the partners has a greatly lower income or a restricted amount of earning power.
Spousal maintenance involves the constant payments made by one ex-spouse to the other following divorce or separation. It has the role of financing when a partner is not able to cover their reasonable living standards without the other partner helping him or her.
This kind of maintenance does not relate to child maintenance, which specifically addresses the requirements of children. The concept of spousal maintenance revolves around the socioeconomic needs of the former partner and assists in ensuring that one can afford to lead a comfortable and respectable life once the relationship is terminated.
Depending on the factors, the court can impose various forms of maintenance:
Interim maintenance: Provisional support that is given out by the court in the course of a divorce.
Fixed-term maintenance: This involves payments that are paid to the other spouse over a particular time, which will enable the spouse to be financially independent.
Joint lives maintenance: This type of payment is given indefinitely, but it usually stops when a spouse is actively living or remarried.
The court will always tend to promote the idea of financial independence whenever it can, with the exception that, in rare instances, long-term maintenance stands a chance of being awarded.
Maintenance does not have a mathematically determined formula. On the contrary, the court evaluates the needs and financial ability of each party. The size and the period of payments are based on the levels of income, spending in the household, and the possibility of future wages.
In case of any financial decision, maintenance orders can be reviewed, increased, or decreased, or even eliminated with the approval of the court in cases where there is a difference in the financial status of either party.
The process of negotiating spousal maintenance may be complicated and even emotional. Even an experienced family law solicitor will be able to do it to realize the rights of each side, calculate payments in the form of fair manner, and come to an agreement which will embody the financial reality of both sides.
Agreement on maintenance terms, although deliberated by you and your spouse, is important and must be materialized by means of a Court Order to be deemed binding.
We realize that post-divorce financial matters can be complicated and sensitive at First Law Solicitors. The pros on our side offer straightforward yet sympathetic counseling on what you should get out of this deal: be it spousal maintenance or an instance where you are being requested to pay.
We present negotiations and court applications professionally and carefully, and we are always striving for an agreement that will provide long-term stability and peace of mind.
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