Spousal maintenance is awarded if one party (commonly the wife but not always) cannot adequately support themselves without payment from the other. The amount paid is dependent on the needs of the awarded party, their own income (actual or potential) and the payer’s income. Spousal maintenance automatically comes to an end if the recipient chooses to remarry or either party dies. Financial support can also be reviewed if a recipient’s circumstances change and a court can adjust the term and the amount of the maintenance order.
Receiving spousal maintenance:
Brookman Solicitors will advise you of your options and will work to secure the best outcome for you. Whether your situation requires a regular payment (normally monthly) or a single lump sum, Brookman Solicitors will ensure that your spousal maintenance is calculated fairly and appropriately.
Paying spousal maintenance:
Brookman Solicitors will seek to resolve your spousal maintenance case and ensure that the payment that you make to your ex-partner is a fair one, considering all aspects of your case. If your financial situation has changed, Brookman Solicitors can facilitate an application on your behalf and, if necessary, request a reduction in your maintenance payments, or to vary the term.
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Spousal Maintenance - Scenario Analysis Example #1
When Mr J saw us he had been separated for 3 years. He and his wife sold their home, divided the proceeds and continued working as before. He was a consultant and Mrs J was a Business Manager. Their 12 year old daughter lived with her and he paid child support. Mrs J had now lost her job and he had a lawyer’s letter requesting payments of maintenance for his wife.
We advised that he should resist the claim. Although it was possible in principle we considered that his wife had demonstrated that she could find employment. It highlighted that it was a pity they had not settled matters with a consent court order when they sold the house. Eventually Mr J paid a relatively small sum to dispose of the claim and consent orders were made finalising claims once and for all.
What our clients are saying:
“May I take this opportunity to thank you for all your help throughout the divorce. I truly appreciate all the effort and patience you have put into it and will forever be grateful.”