In divorce proceedings, those who make overly ambitious financial claims or fail to enter into reasonable negotiations are highly likely to end up worse off. The point was powerfully made...Continue reading
At Hubbard Pegman & Whitney LLP, our team of specialist family solicitors have extensive experience assisting clients’ with their divorces, finances and their children proceedings when marriages break down.
Our divorce Solicitor based in Hammersmith, Thanuja Oppilamany, has considered what spousal maintenance is and how the court reacts to it.
What is spousal maintenance?
Spousal maintenance relates to a husband or wife paying their ex-partner maintenance following on from the divorce. Court may order this on the basis that this sum of maintenance will allow the ex-partner to move forward with his/her life without too much financial hardship. The aim of maintenance is to even out both parties financial position as much as possible by looking at their reasonable needs.
Spousal maintenance is separate to child maintenance.
When does maintenance come to an end?
Spousal maintenance ends automatically when a party remarries or passes away. However, it does not end if the party in receipt of maintenance is co-habiting.
The court may provide a fixed time such as when the youngest child turns 18 years older. However in recent time, the court has considered limiting the maintenance period between 3-5 years.
A nominal maintenance order can be made when one party has enough income for now but leaves open the option of making a claim in the future for spousal maintenance. This prevents the parties from having a clean break.
How much is paid?
There are no set amounts paid. It depends on the circumstances of each parties. Many factors are considered such as income, age, children, each party’s needs.
The partner who pays maintenance can ask the court to vary or dismiss it if his/her circumstances had changed.
In general, the courts are reluctant to order spousal maintenance and look at the possibility of a clean break. A Clean Break will allow the parties to move on with their life without any financial ties to each other.
At Hubbard Pegman & Whitney, our team of specialist solicitors have extensive experience assisting parties with their divorce and financial matters and helping them through this tough time. Our family lawyers at Hubbard Pegman & Whitney LLP have decades of collective experience assisting people across Hammersmith and West London by taking a pragmatic and realistic view of each of their client’s matters.
Amongst our highly skilled family team we have Primrose Hudson, a Family Consultant Solicitor with over 30 years in Family Law, including experience in divorce and finance. Primrose Hudson works closely with Thanuja Oppilamany.
For further advice and information, get in touch with our divorce solicitors in Hammersmith, London on 02087359770 or fill in our simple contact form.