Spousal Maintenance on Separation
Upon the dissolution of a marriage, a spouse may have to pay spousal maintenance payments to the financially weaker party. This allows the spouse with a lower/no income to secure fair spousal support for a definite period after divorce. Most divorcing couples argue on the matter of spousal maintenance and often fail to reach a financial agreement on the same without the involvement of the Court.
What is Spousal Maintenance?
Spousal maintenance is a regular payment made by the husband or wife to the ex-partner as part of their divorce. It is awarded for a specific period or in rare cases, for life, and usually ends when the recipient dies or remarries.
How Long Does Spousal Maintenance Last?
If the couple has been married for a short duration, the financially stronger spouse may not have to pay it all or only for a short period. However, it may be paid for a longer period if the couple were together for a longer duration, during which time perhaps the economically weaker party was out of work.
- Term Maintenance – This is a term order which is issued for a short period, enabling an ex-spouse to work towards financial independence. Some of these orders can be extended while with others, it is not possible to extend the term.
- Joint Lives Maintenance – In some circumstances, if a spouse was unable to work because of raising children or other reasons, the court may award maintenance on a ‘joint lives’ basis. It means that the spouse may pay lifelong maintenance till the one receiving it dies.
How Is Spousal Maintenance Calculated?
There is no set formula for calculating spousal maintenance as it depends on each case. The court decides the amount and term for which it would be paid after considering several factors. These factors include the length of the couple’s marriage, their ages, incomes, assets, and the standard of living enjoyed by the couple.
Variations to the Spousal Maintenance
The terms and the amount of spousal maintenance are not always fixed and either of the parties can apply to the court for it to be varied or dismissed.
In case of change in financial and other circumstances, the recipient or payer can request the court to vary the maintenance upwards or downwards during its term.
Applying For the Spousal Maintenance
It is usually negotiated by the separating couple as part of making a divorce settlement. The couple can reach an agreement voluntarily to achieve financial security without involving the court.
If the couple fails to agree on the spousal maintenance, either can apply to the family court for a resolve. After considering overall circumstances and day-to-day financial commitments, the court will make a financial order including spousal maintenance.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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