Divorces can be complicated as you and your ex figure out how to separate your lives and finances.

If you are in a stronger financial position than your ex, you may be worried about having to support them in the long-term.

Knowing your rights and responsibilities around spousal maintenance can help you manage both your and your ex’s expectations for the divorce.

What is spousal maintenance?

Many people have heard of child maintenance, wherein one parent pays the other a fixed fee to support the cost of raising children.

Spousal maintenance operates under a similar structure and sees one person support their former spouse after divorce.

These are most likely to be enforced where one person earns less than the other, or does not have an income at all.

Spousal maintenance can be a short-term arrangement or a long-term form of support, depending on the specific circumstances.

When would I need to pay spousal maintenance?

Not every divorce will result in spousal maintenance being paid.

The court will determine whether there is a genuine financial need and whether the other party can sustainably address it.

In particular, the court will consider:

· Each person’s income and earning potential

· Financial needs

· Monthly expenses

· The standard of living during the marriage

· Contributions made during the relationship

· Age

· Health

· Ability to work

The most common reason for spousal maintenance being awarded is when one person sacrificed their career, either fully or partially, to raise children.

As this decision will have impacted their current and future earning potential, it may be that spousal maintenance offsets the burden, given that the other party’s career likely benefited from this arrangement.

Do I have to pay spousal maintenance?

You will likely have to pay spousal maintenance if a court has ordered it.

It may be possible to make changes to the arrangement through mediation and these can be legally binding.

There is a preference for a clean financial break during a divorce, both from former couples and courts, so even most spousal maintenance agreements are short-term provisions.

It is common for the order to be in effect until the person receiving support finds or returns to work.

Provisions may also be made to end the spousal maintenance if the person receiving it remarries or enters a new civil partnership.

Ultimately, spousal maintenance is designed to be fair and should not be viewed as an attack on one party.

At Palmers Solicitors, we are working to help the people of Essex understand the impact of divorce and the best approach for them to take during divorce proceedings.

We can assess the likelihood of spousal maintenance being awarded and help you negotiate a fair agreement.

If you are engaged in mediation, we can also support you through this process. To avoid the stress of unexpected spousal maintenance agreements, speak to our team today.