Divorce can often have a significant impact in various ways and one of the key areas is usually financial. In the United Kingdom, a common aspect of divorce settlements is spousal maintenance or spousal support. This guide aims to provide a comprehensive understanding of what constitutes spousal support, how it functions, and what factors influence its determination.
Understanding Spousal Maintenance or Spousal Support
Spousal support, alternatively known as spousal maintenance, refers to recurring payments made by one spouse to another post-divorce. These payments are instated with the primary objective of negating any unjust economic impacts caused by a divorce. The logic behind these payments is to provide financial stability and maintain a decent standard of living for the spouse, who might be economically underprivileged or more financially vulnerable due to the separation.
Factors Determining Whether You Should Pay or Receive Spousal Support
The question of whether you become liable for paying or are eligible for receiving spousal support hinges on several factors that are taken into account during legal proceedings. These include:
- The earning capacity of both parties: This encapsulates salary, benefits from employment, potential prospects for future promotions and pay increases.
- The length of the marriage: The duration of the marital union plays a pivotal role too; typically, longer marriages may culminate in higher maintenance amounts or extended terms of payment being awarded.
- The age and health: The age factor comes into play, as older people may find it difficult to reenter employment after long periods of absence. Similarly, should any party suffer from health issues that potentially inhibit their capability to work, they may be entitled to more substantial support.
- Standard of living during the marriage: Courts endeavour to ensure that both parties can sustain a similar lifestyle post-divorce and reflect this in their rulings.
- Contributions made during the marriage: Contributions to the marriage are not just monetary. They also include non-financial contributions such as raising children, managing the household, supporting partners in their careers, etc.
How is Spousal Support Calculated?
The method of calculating spousal maintenance differs from child maintenance. While child maintenance relies on a specific calculation formula based on gross income set by the Child Maintenance Service (CMS), there is no such concrete formula for calculating spousal maintenance across England and Wales.
Courts generally scrutinise each partner’s financial needs and what each person can afford when deciding on spousal support amounts. Financial disclosure plays a crucial role here; both spouses must offer comprehensive information about their finances to ensure an equitable settlement is reached.
Different Types of Spouses Maintenance Orders
The two main types of spousal maintenance orders are:
- Periodical Payments Order: This involves regular payments over time, either weekly or monthly, depending on circumstances and agreements.
- Secured Periodical Payments Order: Similar to periodical payments, but secured against an asset like a property as an insurance policy in case the paying spouse defaults on their payments.
The Duration of Spousal Support
The duration for which spousal maintenance is payable varies significantly. It could be fixed-term, for example, until children finish education or indefinitely (commonly termed as a ‘joint lives order’). Alternatively, it might terminate when the recipient remarries or enters into a new civil partnership.
Modifying or Terminating Spousal Support
If there are significant changes in circumstances post-divorce, either party can apply to court to have the terms of spousal support order reviewed. For instance, if the payee’s income increases considerably or if the payer loses their job,.
As mentioned earlier, spousal support typically concludes when either party dies or if the recipient remarries. Additionally, at certain stages, courts may decide to capitalise maintenance into a one-time lump-sum payment.
Legal Advice and Representation
The complexities of spousal support render it a challenging area of family law that mandates expert guidance. Seeking legal advice from experienced professionals is essential to successfully navigating through this process. They will assist you in understanding your rights and responsibilities and collaborate closely with you to achieve an agreement that is fair and sustainable.
In conclusion, while divorce implies significant life changes, comprehending how spousal support functions can offer some peace of mind during this trying period. A proficient solicitor will provide crucial legal assistance, ensuring that your interests are well represented throughout proceedings.
