Will I have to pay maintenance to my ex?

Will I have to pay maintenance to my ex?

When making a decision on financial settlements, spousal maintenance is just one of the orders available to the Court. Spousal maintenance is a form of financial support paid from one spouse to the other. This is not the same as child maintenance (which is dealt with by the CMS) and it does not apply to unmarried couples. 

When considering whether to make an Order for spousal maintenance, the Court will take many factors into account including the age of the parties, their income and who is the primary carer of any children of the marriage. 

If one party can demonstrate a financial need for spousal maintenance, and the other spouse has the ability to pay taking into account their own financial needs then it may be a case where spousal maintenance is appropriate. 

The length of time one party will have to pay spousal maintenance for will depend on the circumstances of the parties. Spousal maintenance orders can be limited to a specific number of years, to allow for one party to restart their career or for the children to reach an age where the receiving party can work more hours. In some cases there may be circumstances which give rise to a lifetime spousal maintenance order. All spousal maintenance orders come to an end if the receiving party remarries. 

In some cases, whilst the receiving spouse may not show a need for spousal maintenance straight away, a nominal maintenance order may be appropriate should the financial circumstances of that party be precarious or subject to change. 

If you would like advice on divorce and finances, please contact Danielle on 01243 790 532 or email daniellechandler@owenkenny.co.uk 

This blog is for information purposes only and should not be interpreted as legal advice.

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