Jump to content

How much Spousal Maintenance do I need to pay & for how long?


Recommended Posts

This is a great overview of Spousal Maintenance by Sarah Jackson

It covers the following

  • What is Spousal Maintenance?
  • What is the difference between spousal maintenance and child maintenance?
  • The law regarding Spousal Maintenance
  • Would the court order Spousal Maintenance in your case & if so for how long?
  • Calculating Spousal Maintenance
  • Maintenance Pending Suit
  • Capitalising Spousal Maintenance
  • What is Nominal Maintenance?
  • Future bonus payments
  • Protecting Spousal Maintenance payments
  • Thanks 1
Link to comment
Share on other sites

  • 10 months later...

The duration of spousal maintenance can vary significantly depending on your specific situation

  • Term Orders
    • These are the most common type and set a fixed duration for payments. This duration is determined to give the receiving spouse time to achieve financial independence, often through retraining or re-entering the workforce. It could be a short period (e.g., 6 months) or several years depending on their circumstances.
  • Joint Lives Orders
    • These are less frequent and provide payments for the rest of the recipient spouse's life, or until one of you dies. They're typically only granted in exceptional circumstances, such as if the receiving spouse has a disability that prevents them from working.

Some factors influencing the duration of spousal maintenance

  • Length of Marriage
    • Longer marriages are more likely to result in longer spousal maintenance periods, as the receiving spouse may have given up career opportunities or earning potential to support the family.
  • Age and Health
    • The age and health of both spouses are considered. A younger, healthier spouse with good job prospects might have a shorter maintenance period compared to an older spouse with health limitations.
  • Financial Disparity
    • The greater the income difference between the spouses, the longer the maintenance period might be, especially if the receiving spouse has limited earning capacity.
  • Childcare Needs
    • If there are young children, spousal maintenance might be extended until childcare needs decrease and allow the receiving spouse to work full-time.
  • Standard of Living
    • The court aims to achieve a fair outcome, considering the standard of living enjoyed during the marriage while ensuring both spouses can meet their basic needs after separation.

Some additional points to consider

  • Any spousal maintenance order, whether term or joint lives, usually ends if the receiving spouse remarries or enters into a civil partnership.
  • The death of either spouse also terminates the maintenance order.
  • In some cases, the terms of a spousal maintenance order can be reviewed and potentially modified if circumstances significantly change.

The best way to understand how long spousal maintenance might last in your specific situation is to consult with a lawyer specialising in family law.

Hope this helps 🙂

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...