In divorce, maintenance refers to ongoing payments from one spouse to the other after the divorce is finalised. Spousal maintenance is where this money is to help the receiving party to meet their financial needs and can be paid as a lump sum or as regular payments for a fixed period or indefinitely.
At Sharp Family Law, we can help divorcing couples to determine whether spousal maintenance is appropriate, calculate how much this should be and get the necessary arrangements in place. Our goal is to ensure a fair arrangement can be reached that protects your interests and meets your needs.
With strong expertise in alternative dispute resolution, we can typically make arrangements for spousal maintenance in an amicable way, keeping the time and cost involved to a minimum. However, should a tougher stance be required, we can back you all the way.
Our expert spouse maintenance solicitors can help with matters such as:
- Advice on spousal maintenance entitlements
- Negotiating spouse maintenance
- Court applications for spousal maintenance in the UK
- Varying spousal maintenance arrangements
- Disputes over non-payment of spousal maintenance
Speak to our spousal maintenance solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on spousal support and other financial matters related to divorce, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Our services for spousal support in the UK
Advice on spousal maintenance entitlements
If you believe you may be entitled to spousal maintenance or you may be required to pay this for your spouse, then it is sensible to get advice early in the divorce process. When you are considering initiating divorce proceedings, it can be a good idea to first speak to a legal expert about this so that you are clear about your position.
Our team can advise you in plain English on your financial rights in divorce, including in relation to spousal maintenance. You can then approach reaching a divorce settlement with a firm understanding of what you may be able to achieve.
Negotiating spouse maintenance
Wherever possible, we will seek to secure an agreement on spousal maintenance through negotiation and alternative dispute resolution. This can help you resolve these matters faster and at a much lower cost than if court proceedings are needed.
We are highly skilled at constructive negotiation, mediation, collaborative law and private financial dispute resolution. This means we can give you the best chance of a fair outcome while avoiding unnecessary conflict.
Court applications for spousal maintenance in the UK
Should it prove impossible to agree on spousal maintenance, or it appears that working with your spouse is inappropriate for your circumstances, we can apply to a court on your behalf. The court will then decide if spousal maintenance should be awarded and, if so, how much this should be and on what terms.
Varying spousal maintenance arrangements
In some situations, it may be necessary to vary the amount of spousal maintenance being paid over time. This may occur when the financial needs or the resources of one or both parties have changed, meaning that the terms of the original agreement or court order are no longer suitable.
Our team can help you to negotiate amended terms with your former spouse or apply to a court for you to have the terms of a spousal maintenance order varied.
Disputes over non-payment of spousal maintenance
If the agreed or court ordered maintenance is not paid, we can step in to help resolve the situation. Wherever possible, we will seek to find an amicable solution but we can also assist you with taking court action to secure payment if required.
Frequently asked questions about spousal maintenance
What is spousal maintenance?
Spousal maintenance is a form of payment by one spouse to the other following divorce. The intention is to help the receiving person to meet their financial needs, so it is usually paid where one spouse has a significantly higher income or assets than the other.
How does spousal maintenance work?
Spousal support can either be paid as a lump sum as part of the division of assets or it can be paid on an ongoing basis (normally monthly).
If there will be ongoing payments, then these can either be for a fixed term or for the rest of the receiving party’s life (unless certain events occur). Fixed term spousal maintenance might be paid for a certain number of months or years or it might be until a certain event takes place, e.g. when the recipient has completed a qualification to allow them to increase their earnings. or they start receiving a pension.
It is important to note that spousal maintenance will normally end automatically if the receiving party remarries.
How can I apply for spousal maintenance?
In most cases, spousal maintenance will be agreed upon voluntarily between a separating couple as part of the division of assets. However, if an agreement cannot be reached, then either party can apply to a court for a financial order, including a request for spousal support.
Who is entitled to spousal support?
Whether someone will be entitled to spousal support will depend on the situation. In general terms, spousal maintenance may be an option where one spouse earns considerably more than the other or has substantial assets and the other spouse would be unable to meet their reasonable financial needs from their own resources.
Our family law team will be happy to advise on whether we think you may be entitled to spousal maintenance or may be required to pay it.
How much is spousal maintenance?
There is no set amount or formula for working out spousal support in the UK. The amount and the terms will depend on what the couple can agree or on what a court decides.
A court would consider factors such as the spouse’s relative income and assets, each person’s reasonable needs, the standard of living enjoyed by the couple during the marriage, and other factors such as the spouse’s earning potential and the length of the marriage.
Why choose Sharp Family Law for help with spousal maintenance in the UK?
Sharp Family Law offers one of the largest teams of family law experts in the Bath and Bristol area. Our leading expertise allows us to effectively handle even the most complex and high value matters relating to spousal maintenance and other aspects of divorce finances.
Independent recognition for our family law expertise includes:
- We are ranked by leading client guides The Legal 500 and Chambers & Partners
- Several of our team are members of Resolution– the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and the USA
To find out more about our expertise, please take a look at our family law team.
Speak to our spousal maintenance solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on spousal support and other financial matters related to divorce, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.