Spousal Maintenance Solicitors on the Isle of Wight

Spousal maintenance can be an option as part of the division of finances when getting divorced or dissolving a civil partnership. It means that one spouse will make ongoing payments to the other to help support them with their living costs.

If you believe you may be entitled to spousal maintenance or your spouse has raised the idea, then expert legal advice is a must.

At Glanvilles Damant, our expert spousal maintenance solicitors can help you with negotiating spousal maintenance or securing it through a court order. We can also advise if you believe your spouse is being unreasonable in their demands for spousal maintenance or if you need to vary the terms of an existing agreement or court order.

At all times, our experienced team will treat your situation with sensitivity, empathy and tact. Our ultimate goal is to secure a fair deal for your circumstances in the most straightforward way possible, while keeping any conflict and legal costs to a minimum.

Contact our expert spousal maintenance solicitors on the Isle of Wight

If you would like to discuss spousal maintenance and how our experts can help, please contact the family team at Glanvilles Damant.

You can call us on 01983 527878 or email hello@gdlegalservices.co.uk and we will respond as soon as possible.

Why choose Glanvilles Damant?

From our offices in Newport, we deliver an accessible, friendly and expert legal services to clients across the Isle of Wight and further afield. As experts in a wide range of family law situations, we can provide tailored advice for everyone, including high-net-worth individuals, and people with complex assets and specific sensitivities to consider.

At Glanvilles Damant, we take the time to understand your concerns and any particular issues that must be resolved. We avoid unnecessary legal jargon, explaining everything in plain English, so you can be sure that the advice you are receiving makes sense for you.

We always adapt our approach to your unique circumstances, giving you exactly the level of support you need. Our spousal maintenance solicitors will protect your best interests every step of the way, providing security and peace of mind for your future.

What is spousal maintenance?

Spousal maintenance means regular payments from one spouse to the other following a divorce or civil partnership dissolution. It can form part of the division of finances when a relationship ends and where there is a significant disparity in income and assets between the spouses. It is also sometimes called ‘spousal support’ in the UK.

The idea behind spousal maintenance is that it ensures the person with a lower income and/or fewer assets can still meet their reasonable needs in the future. It is distinct from child maintenance, which should be calculated separately based on the needs of any children from the relationship.

Who is entitled to spousal maintenance in the UK?

There are no standard criteria for who is entitled to spousal maintenance in England and Wales. Whether any spousal maintenance should be paid and, if so, how much, will be based on various factors (outlined below).

Generally, spousal maintenance may be considered where one person either has no income or much lower income than the other and they would be unable to meet their reasonable financial needs without regular financial support from their former spouse.

How is spousal maintenance calculated?

When calculating spousal maintenance, various factors will typically be considered, including:

• Each spouse’s income and earning potential
• How other financial assets have been divided
• Each person’s reasonable needs
• The standard of living the couple enjoyed during their relationship
• The length of the relationship
• The spouses’ respective ages

A spousal maintenance calculation will always be based on the unique circumstances of each case, so it is important to get expert advice at an early stage. This can help to set expectations and minimise the potential for conflict, giving you the best chance of agreeing fair arrangements quickly and with minimal legal costs.

Types of Spousal Maintenance Orders

There are different types of spousal maintenance that can be agreed or court-ordered, including:

• Term maintenance – Most spousal maintenance agreements and court orders are for a limited period, which might be months or years. The goal is to give the less well-off spouse time to adjust e.g. to find a job or increase their earnings.
• Joint lives spousal maintenance – In rare cases, it may be agreed or decided by a court that maintenance should be paid until one spouse dies or the receiving spouse remarries. This is generally not a popular option as the commitment for the paying spouse is open ended and it maintains a financial link between the spouses. However, it may be the best option in some situations.
• Nominal maintenance – This is where a very small amount of spousal maintenance is paid to keep open the recipient’s option to apply for spousal maintenance in the future.

Can you avoid spousal maintenance with a bigger share of other assets?

Yes, you can potentially agree that a bigger share of other assets, such as the family home, go to the less well-off spouse instead of paying spousal maintenance.

There is also often the option to ‘capitalise’ spousal maintenance. This means that, where spousal support has been agreed or court ordered, then the paying spouse can make a one-off payment upfront to discharge their liability for ongoing maintenance payments. One advantage of capitalising spousal maintenance is that it can allow a clean break between the separating parties.

Spousal maintenance vs Clean Break Orders

While spousal maintenance can be an effective way to ensure the less well-off spouse will have the financial resources they need, it does create one issue that can be a problem for some separating couples. If ongoing maintenance payments are being made, then the parties remain financially linked together – something that many would prefer to avoid when ending a marriage or civil partnership.

A Clean Break Order is a commonly used method to sever the financial link between separating couples. It is a court order that legally ends any financial claim that either party might have against the other. They are usually issued where a financial settlement has been agreed or where a court has determined the division of finances with a Financial Order.

Whether ongoing maintenance payments or a clean break is the right option for you will depend entirely on your situation. It is really important to get expert legal advice on this before proposing a particular approach or agreeing to anything so you can be sure you are acting in your own best interests.

How long does spousal maintenance last?

How long spousal maintenance lasts will depend on what you agree or what a court decides. Generally, spousal maintenance will end when one of the following occurs:

• You reach the end of the term agreed or ordered by a court
• One of the former spouses dies
• The recipient remarries
• The former spouses agree to end the payments
• Either party applies to the court to end the arrangement and the court agrees

Can spousal maintenance be changed or stopped?

Yes, spousal maintenance can potentially be changed or cancelled where appropriate. This can be achieved either through agreement between the former spouses or via a court order.

Situations where you might wish to end spousal maintenance include where:

• The paying spouse has remarried or is cohabiting, or their financial commitments have changed for any other reason
• The paying spouse’s income has reduced
• The receiving spouse has remarried
• The receiving spouse is now earning more, their financial commitments have reduced or their need for spousal support has reduced for any other reason

Applying for spousal maintenance on the Isle of Wight

There are two basic routes that can be used to put spousal maintenance in place:

1. Voluntary agreement – Separating spouses can agree spousal maintenance as part of the division of finances. This can be achieved through simple agreement between the spouses, constructive negotiation supported by solicitors, or via alternative dispute resolution methods such as mediation.
2. Court Order – The lower-earning spouse can apply to a court to award spousal maintenance with a Spousal Maintenance Order. This will usually be applied for alongside a Financial Order to determine the division of finances more generally.

Whether you are negotiating an agreement or dealing with a court application, both parties will need evidence of their income, earning potential, reasonable financial needs and more to support their case. This is one of the areas where an experienced spousal maintenance solicitor can make a big difference.

Defending against unreasonable spousal maintenance claims

If your spouse is asking for a level of spousal maintenance that you believe is excessive, then you have options.

In the first instance, you should attempt to negotiate a more reasonable level of maintenance or an agreement that maintenance is not required. It is a good idea to go into these situations with as much evidence as possible to support your position and having a solicitor to advise and represent you can be critical.

If you cannot reach mutual agreement on spousal support, then you may need to defend your position in court. Again, having the right evidence and expert legal representation is absolutely vital in these situations.

How Glanvilles Damant's spousal maintenance solicitors on the Isle of Wight can help

At Glanvilles Damant, we can provide clear, compassionate support for all aspects of spousal maintenance on the Isle of Wight, including:

• Advice on your potential entitlement to, or liability for, spousal maintenance
• Negotiating the terms of a voluntary spousal maintenance agreement
• Reviewing the terms of an agreement your spouse has asked you to sign
• Asking a court to determine spousal maintenance
• Challenging or varying spousal maintenance

Frequently asked questions about spousal maintenance

How much spousal maintenance will I receive?

How much, if any, spousal maintenance you might receive will entirely depend on the circumstances, including each person’s income, earning capacity and reasonable financial needs. You should get early advice to set your expectations and minimise the potential for conflict.

Do I have to pay spousal maintenance if we weren't married long?

It is unusual for spousal maintenance to be paid after a short marriage and, where it is, the amount is usually low. However, it all depends on the circumstances, so nothing should be assumed.

Does spousal maintenance stop if my ex-partner remarries or cohabits?

If the receiving spouse remarries, any spousal maintenance they are being paid will end. If they begin cohabiting, this could be grounds to reduce or end spousal maintenance, based on the specific details of the situation.

If the paying spouse remarries or cohabits, this could be grounds to reduce or end payment or spousal maintenance, but this will depend on the circumstances.

In either case, expert legal advice is always recommended.

Can I get spousal maintenance if I'm still working?

You may still be able to receive spousal maintenance even if you are working, but this will depend on how much you are earning and your financial needs, amongst other factors.

Can spousal maintenance be backdated?

Spousal maintenance can potentially be backdated, depending on the situation. For example, if there are significant court delays, then it may be necessary to backdate the payments to account for this.

Does spousal maintenance affect Universal Credit or other benefits?

Yes, spousal maintenance payments are counted as income for benefits calculations, so this could affect your receipt of benefits such as Universal Credit.

What happens if my ex-spouse won't pay spousal maintenance?

If your spouse fails to pay any maintenance they have agreed or that has been ordered by a court, you can take action to enforce payment. In many cases, it is possible to resolve these situations without court proceedings with the support of a good solicitor. However, if court proceedings are needed, they can use options such as deducting the payments from your former spouse’s earnings to ensure you do not lose out.

Contact our expert spousal maintenance solicitors on the Isle of Wight

If you would like to discuss spousal maintenance and how our experts can help, please contact the family team at Glanvilles Damant.

You can call us on 01983 527878 or email hello@gdlegalservices.co.uk and we will respond as soon as possible.