Spousal maintenance is a financial arrangement in which one spouse is required to provide ongoing financial support to the other after a divorce or separation. This support is intended to help the lower-earning or non-earning spouse maintain a standard of living similar to what they enjoyed during the marriage. Spousal maintenance is a complex and often misunderstood aspect of divorce law, so it’s important to understand the key elements and factors that influence it.
Purpose of Spousal Maintenance
The primary purpose of spousal maintenance is to address economic disparities between spouses that may arise after a divorce. It recognises that during a marriage, one spouse may have sacrificed career opportunities, education, or earning potential to support the household, raise children, or further the other spouse’s career. As a result, the lower-earning spouse may be at a significant disadvantage financially when the marriage ends.
Spousal maintenance helps to mitigate this disadvantage by providing financial support for a certain period, allowing the recipient time to become self-sufficient. It is not meant to be punitive but rather a means of promoting fairness and equity in the aftermath of a divorce.
Factors influencing Spousal Maintenance
The determination of spousal maintenance is influenced by a variety of factors, which can vary depending on jurisdiction. However, common considerations include: –
- Duration of the marriage: Longer marriages are more likely to result in spousal maintenance awards, especially if one spouse was financially dependent on the other for an extended period.
- Age and health of the spouses: The age and health of both spouses are considered when determining maintenance. An older or less healthy spouse may be less able to achieve financial independence, leading to a higher likelihood of receiving maintenance.
- Earning capacity and employment history: The court will assess each spouse’s ability to earn income, taking into account their work history, education, and skills. If one spouse has limited earning potential due to years spent out of the workforce, this could influence the maintenance award.
- Standard of living: Courts often consider the standard of living established during the marriage, aiming to ensure that both spouses can maintain a similar lifestyle post-divorce.
- Contributions to the marriage: Non-financial contributions, such as homemaking, child-rearing, or supporting the other spouse’s career, are also considered. These contributions may justify a spousal maintenance award, particularly if they resulted in a diminished earning capacity for the recipient.
- Financial resources: The court will evaluate the financial resources of both spouses, including income, assets, and liabilities, to determine an appropriate amount of maintenance.
Modifying or terminating Spousal Maintenance
Spousal maintenance is not always set in stone. It can be modified or terminated under certain circumstances, such as: –
- Change in circumstances: If there is a significant change in either spouse’s financial situation (e.g., job loss, significant increase in income), the maintenance order may be adjusted.
- Remarriage: In many cases, spousal maintenance ends if the recipient spouse remarries, as their new spouse is expected to contribute to their financial support.
- Cohabitation: Cohabitation with a new partner may also lead to a reduction or termination of maintenance, depending on the specifics of the arrangement in your case.
- Retirement: If the paying spouse retires and experiences a significant decrease in income, they may request a modification of the maintenance order.
Conclusion
Spousal maintenance is a vital aspect of family law designed to ensure financial fairness and support following a divorce. It recognises the economic impact that marriage and its dissolution can have on both parties, especially when there is a disparity in earning power. If you would like to find out more about spousal maintenance, or you need further advice about a financial settlement, please do not hesitate to contact our friendly and professional Family Team on 01245 228116 or by email at familyenq@gepp.co.uk.
