Following a divorce or dissolution of a civil partnership there may be a spousal maintenance order, otherwise known as a periodical payments order.
A spousal maintenance order is, usually, a regular payment made on a monthly basis that is paid by a husband, wife or civil partner following a divorce or dissolution of a civil partnership. Spousal maintenance is distinct from child maintenance that is also often paid upon separation towards the upkeep of children of the family.
The amount of maintenance that is paid will depend upon the individual circumstances of a case. To obtain a spousal maintenance there has to be a “need” for that maintenance. This means, that in cases where an individual is able to meet their own income needs following divorce or dissolution of a civil partnership there will usually not be a spousal maintenance order. There is no set formula for calculating spousal maintenance, unlike with child maintenance that is calculated using a set formula set by the government. The amount of spousal maintenance paid is a balancing act between the needs of the person receiving the maintenance, and the ability of the person paying the maintenance to meet those needs.
Spousal maintenance is typically viewed by the Court as a short-term measure to help an individual adjust to their independent life following separation. The Court also has discretion as to the term of spousal maintenance i.e. how long that maintenance should be paid. In the vast majority of cases where maintenance is appropriate it will usually be for a specific period of time, for example two years or perhaps until the youngest child of the family reaches the age of 18. Once again, each case is unique and will depend upon the couple’s circumstances. There are some cases where what is known as a “joint lives” order is appropriate, where maintenance will continue for the remainder of the parties’ lives or until the person receiving the maintenance remarries, these are, however, rare.
In all cases, there is a duty upon the court to consider whether a clean break is appropriate. A clean break essentially means that there is no order for maintenance made. Therefore, there has to be a real “need” for maintenance, and sufficient funds for maintenance to be paid.
The issue of maintenance is highly factor specific and if you are in any doubt as to your position please speak to one of our specialist family lawyers.
