Spousal Support Solicitors in Birmingham, London and Northampton

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To protect your interests, call us on 0300 303 2071 or send an enquiry to info@witansolicitors.co.uk. We will arrange a free, initial consultation with one of our family law specialists. With experts based in London, Birmingham and Northampton, we can advise on spousal maintenance cases across the UK.

What is Spousal Maintenance?

In simple terms, spousal maintenance refers to the amount to be paid by the spouse with the higher income to their ex once they divorce. The court will only award spousal maintenance if the spouse with the lower income cannot support themselves without payments from the other party. In some cases, spousal support may be awarded for a specific period. However, it is not uncommon for it to be awarded for life. In cases where the parties have pensions, payments will usually end upon retirement.

If the recipient remarries, they will lose their right to receive maintenance. However, it is worth noting that this right does not automatically end if they simply cohabit with a new partner. Not to mention, the amount awarded may be varied over time by way of a court order if the circumstances warrant it.

How We Can Help

Our experienced spousal support solicitors can advise on all aspects of spousal maintenance in the UK, including:

• Entitlement to spousal maintenance
• Enforcement of spousal maintenance
• Spousal support negotiations
• Spousal maintenance applications
• Non-payment of spousal support
• Varying special maintenance
• Family mediation and arbitration
• Binding financial court orders
• Temporary short-term maintenance

Our Approach

We understand that going through a divorce can feel like a lonely process. That is why we are here to protect your interests and help you understand your options. We understand that every divorce is unique and comes with its own complex challenges. That is why we take the time to understand your goals. Whether you want to protect your finances, achieve a clean break or gain financial security, we will help you achieve the best possible outcome.

How Does Spousal Support Work?

Generally, spousal maintenance is paid on a monthly basis. Alternatively, it can be transferred as a single lump sum to bring an end to the spousal maintenance order. This usually occurs when the paying party can afford to capitalise and allows both parties to become financially independent. Once the lump sum is paid, parties cannot make future financial applications against each other, providing a clean break.

While a clean break can provide certainty, the award cannot be increased at a later date. This may put the recipient at a disadvantage if they fall ill or can no longer work. That is why it is crucial to discuss your options with an expert specialising in all aspects of spousal support in the UK.

How Can I Apply for Spousal Support?

As you are going through the process of making a divorce settlement, spousal maintenance can also be negotiated and agreed upon voluntarily. This provides a quicker and more cost-effective solution to litigation. But if it cannot be agreed upon voluntarily, you will need to make an application to a family court. If the court believes you are entitled to spousal maintenance, they will make a financial order.

How is Spousal Support Calculated?

There is no set formula to calculate spousal maintenance in the UK. The sum awarded will depend on factors, such as:

• The recipient’s needs
• The recipient’s income
• The recipient’s earning capacity
• The payer’s net income
• The payer’s needs
• The payer’s future outgoings

Can I Claim Spousal Maintenance After My Divorce?

If your income is lower than your partner’s and you cannot support yourself financially on your own income, you can apply to the court for spousal support whilst your divorce is ongoing. If you cannot reach an agreement, you can make an application for short-term spousal support. At the final hearing, the court will decide whether spousal maintenance should be awarded on an ongoing basis, the amount to be awarded and when payments should stop.

If you are already divorced, there is no need to worry. You can still apply for spousal support provided you do not have a clean break order in place.

How Long Does Spousal Support Last?

Once it has been established that a party is entitled to spousal maintenance, the court will consider how long payments should be made. This will vary depending on the circumstances of your case. For example, if pensions are involved, maintenance will usually stop upon retirement.

Likewise, payments will stop if the recipient remarries or after a specific number of years. In most cases, the court will allow for a period of adjustment so the recipient has time to increase their income. What’s more, it may be decided that spousal support is payable until the children of the marriage are no longer minors and the recipient can return to work. No matter what your circumstances are, our experienced spousal support attorneys can advise on a reasonable period for spousal support to be paid.

Is Spousal Support Classed as Income?

In the UK, Spousal support is classed as unearned income. While you may not have to pay tax on any payments received, it may impact the other benefits you are entitled to such as universal credit. Our spousal maintenance lawyers will help you determine the impact a proposed spousal support payment will have on your financial situation.

How Much Spousal Support Should I Pay?

In an ideal world, both parties would be able to walk away with financial independence. But the reality is that the needs of two households will need to be met on the same amount of income. That being said, a former spouse is not automatically entitled to half of your income. The amount of spousal support that you have to pay will depend on your income, your ability to pay and your reasonable needs. The court will also take into consideration your former spouse’s needs, any earned income, child support, tax credits and child benefits. 

Another key consideration will be your ex’s earning capacity. They will be expected to make reasonable efforts to maximise their income – whether that be by completing training or increasing their working hours. The court will not expect a primary caregiver of young children to work 40 hours a week. Whereas, the primary caregiver of school-aged children will be expected to work hours that fit in with child care. This ensures that they are able to eventually achieve financial independence.

Our specialist spousal support attorneys excel at advising on reasonable income needs and will ensure that you are paying a reasonable amount in spousal maintenance.

Types of Spousal Maintenance

In the UK, the court can issue a number of spousal support orders, including:

• Lifetime spousal maintenance orders – Lifetime spousal support may be suitable for a long marriage where one partner earns significantly more than the other or where there are young children and the recipient cannot return to work for the foreseeable future
• Fixed-term spousal orders – Fixed-term orders are made for a set number of years and can be extendable or non-extendable. These orders are ideal in cases where maintenance is required until a specific future event
• Nominal spousal maintenance orders – Nominal orders are made for a set amount to be paid simply to keep the recipient’s claim open in case they need additional support later down the line

Examples of Spousal Support Arrangements

Spousal support may be paid in cases where:

• One partner stopped working to look after the children and needs financial support until the children reach the age of 18
• One partner stopped working and needs support until they return to work
• One partner is unable to work due to health, disability or other reasons
• One partner would be unable to maintain the standard of living they became accustomed to during the marriage without support from the other partner who has a surplus of funds

Why Choose Witan Solicitors?

With years of experience under our belts, we understand the complexities involved in spousal maintenance cases. Whether you need financial support from your former spouse or you believe that your ex is not entitled to spousal maintenance, we will help you reach an agreement to ensure the ongoing reasonable financial needs of both parties are met. With us by your side, you benefit from:

• 100+ years of combined legal experience
• Representation from a Legal 500 recognised law firm 
• Jargon-free and practical legal advice
• Proven track record of successfully handling spousal maintenance cases
• Spousal support attorneys in London, Birmingham and Northampton

FAQ

Can I get spousal support during a separation to help me pay the bills?

If you cannot reach an agreement on the short-term payment of bills on the family home, mediation provides a cost-effective solution. If mediation does not work, you can apply to the family court for a short-term spousal maintenance order.

Do we have to close our joint account when we separate?

No, if your split is amicable and you are confident that your former spouse’s spending habits will not change, using a joint account can provide a practical short-term solution for managing your finances whilst going through a divorce.

Will my short-term spousal maintenance be the same as my long-term payment?

No, the amount payable could go up or down depending on how other assets are split once a divorce settlement is reached.

Is child maintenance usually decided by the court?

No, The Child Maintenance Service usually makes decisions about child maintenance. In rare circumstances, the court can include child maintenance as part of a final order that it can enforce if necessary.

How does a court determine a figure for spousal maintenance?

Generally, the court will take into account the welfare of any children under the age of eighteen first. They will also assess the short-term and long-term needs of both spouses.

When will spousal maintenance stop?

This will usually depend on what has been agreed in the financial court order. But even if the order does not state that maintenance will stop if a former spouse cohabits with a new partner, the paying party can apply to the court to stop or reduce the spousal support.