SPOUSAL MAINTENANCE
DONE THE RIGHT WAY

SPOUSAL MAINTENANCE

Spousal maintenance is an amount, awarded by the Courts to be paid by the spouse with the higher income to the spouse with the lower income when a couple divorce. It is only awarded if one party cannot support themselves without payments from the other. It can be awarded for a specified term or for life in some cases.
The recipient will lose their right to receive the maintenance if they re-marry, however it does not end if they simply cohabit.
On occasions the amount that has been awarded can be varied some years later by way of Court Order, if the circumstances warrant it.

Managing your risk

Clean break

One advantage of a clean break is that it brings certainty to both parties knowing that no further applications can be made. One disadvantage is that the lump sum award cannot be increased at a later date if for example the recipient fell ill and could no longer work. Therefore, it is essential that you seek specialist legal advice from a family lawyer whilst considering your options so that you secure what is best for you

Spousal maintenance

Maintenance for a spouse depends principally on the recipient’s needs, own income, and ability to earn income. There are no set formulas and the amount payable depends on the payer’s net income amongst other factors. Spousal maintenance is usually relevant in cases where one party earns considerably more than the other, and the needs of the recipient cannot be met from their own income

WHY CHOOSE US?

Experienced

Hodders Solicitors have been in the business for over 150 years and has gained over the years experience and expertise.

Guidance

Leading you in the right direction with 100% transparency to achieve your goals with peace of mind.

Timing

Providing clear information on fees so that you have control of your costs right from the start. 

Professional

Providing clear information on fees so that you have control of your costs right from the start. 

Experienced

Hodders solicitor have been in the business for over 150 years and has gained over the years experience and expertise.

Transparency

Always setting up the basis for honest and open when communicating.

Get the best deal

If you're looking for the best deal you should work only with the best!

Professional

True expertise and experience is what make our clients come back every time.

OUR PROCESS

Listening client
01

We always listen our clients and their needs to understand what we can do with them during our process and make things easy.

Define your goals
02

What is the purpose of your goal? Why was it created? How can we maximise the outcome?

Action plan
03

Planning helps us prepare for the obstacles ahead and keeps us on track. And with an effective action plan, we can boost productivity and keep the focus on your goals.

Execution
04

Ideas are yesterday, execution is today and excellence will see you the following day.

Ideas are yesterday, execution is today and excellence will see you the following day.

Listening client

01

We always listen our clients and their needs to understand what we can do with them during our process and make things easy.

Action plan

03

Planning helps us prepare for the obstacles ahead and keeps us on track. And with an effective action plan, we can boost productivity and keep the focus on your goals.

02

Define your goals

What is the purpose of your goal? Why was it created? How can we maximise the outcome?

04

Execution

Ideas are yesterday, execution is today and excellence will see you the following day.

 
 
 

A lifetime order may be appropriate after a long marriage where there is a large disparity in the income/earning capacity of the parties or where there are young children and there is no realistic prospect of the recipient returning to work for the foreseeable future.

A fixed term order is made for a specific number of years and may be either extendable or non-extendable. It tends to be used after a shorter marriage particularly if the children are older or there are no children. Term maintenance may be paid up until a specific future event such as the recipient being able to draw down on a pension or completing a period of re-training.

One further category of maintenance is a nominal order. This is where an order is made for a nominal amount to be paid (frequently £1 per year) solely in order to keep the recipient’s claim open as a safety net. Some family Judges are of the view that these types of order should routinely be made where the recipient is the main carer of the children to allow that person to concentrate on looking after the children and/or to cover a situation where there is a dramatic change in circumstances. It is common for nominal orders to be made for a limited term that ties in with the children reaching a certain age or ceasing full time education.

 
 
 
 

Spousal maintenance will last for as long as you can both agree that it is required, or if you cannot agree, by a court order.

Spousal maintenance can be terminated if the recipient of the maintenance gets married again or enters into a civil partnership. It also ceases if either party passes away. Spousal maintenance will usually be paid until the spouse can either support themselves or their financial needs are reduced, for example when the children finish school or university, or they leave home.

READY TO TALK?

 
 

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