Spousal maintenance – what is this?

Spousal maintenance is a continuing obligation for one person to pay the other a weekly or monthly sum of money. For the court to understand whether they should make an order for spousal periodical payments after a divorce, nullity, judicial separation, or dissolution of a civil partnership, the court will need to understand what the income is of both spouses or civil partners and consider the reasonable needs of each person. 

How do I demonstrate my reasonable needs?

It is important that you complete a detailed budget schedule outlining what your income needs are now and in the future. This document needs to be accurate, as there is no specific formula to calculate spousal maintenance. The court will then consider whether the other person has the financial resources to pay maintenance. 

What about maintenance for the children?

It is important to note that spousal maintenance is separate from child maintenance. The Child Maintenance Service (CMS) uses a statutory formula to calculate the payments for any children of the family. The calculation is based on the income of the parent who is not living in the child’s household to the parent with the main day to day care of the child. If the paying parent earns over £156,000 gross per annum, you may want to obtain legal advice, as the CMS has a threshold of £156,000 per annum for calculating child maintenance. 

If you require any advice on any of the issues raised in this article, please get in touch via our contact page or contact Monicka Rai direct here.