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Spousal Maintenance and Spouse Maintenance

Spousal Maintenance

Issues concerning spousal maintenance and child maintenance are quite separate but linked.
The questions that often arise about spousal maintenance are:

  • Do I need to pay maintenance to my wife or husband?
  • If so, how much do I have to pay?
  • And how long do I have to pay it for?

The answers to each question will vary from case to case. That is why specialist advice is needed. Much will depend on such factors as the financial needs of each party, the income from all sources and the ability to afford to pay maintenance.

If maintenance is to be paid then the following time periods could be relevant:

  • On a joint lives basis: this means for life or until one party dies or the person receiving the maintenance remarries;
  • For a specified period without a bar on extending the time: this means that the maintenance will end on a certain date but the person receiving maintenance can ask for the time period to be extended (and this must be before the period expires) if the circumstances warrant it;
  • For a specified period but with a bar: this means that the time period cannot be extended whatever the circumstances.

It is important to remember that level spousal maintenance can go up as well as down depending on any relevant changes of circumstances. Such changes can be due to health, loss of employment, cohabitation and so on. It is sometimes important to ensure the maintenance is kept in line with inflation and that there is adequate protection in place in the event that the paying spouse dies, for example, by way of a life insurance policy with independent and separate financial advice.

We can advise you about the relevant maintenance issue that might arise in your case. James Maguire is an accredited Resolution specialist.

For advice on Spousal Maintenance and Spouse Maintenance or an informal chat please contact James Maguire by telephone +44 (0) 1625 529456 or by email at james.maguire@family-law.co.uk

Authorised and Regulated by the Solicitors Regulation Authority No. 562323 under the Solicitors Code of Conduct 2011