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The Ultimate Guide to Spousal Maintenance If there is one subject that causes the most controversy in agreeing financial arrangements as part of a divorce, it is perhaps the matter of spousal maintenance. The latter is statutory and the amount to be paid is determined by the Child Maintenance Act. This is based on need and it can be applied for as an emergency measure in some cases. Even if the court decides that one party will provide for the other through maintenance, this order is not usually for life.
The maintenance order will stand for a period of time, which depends on the circumstances of the individuals involved. To determine the level of spousal maintenance, the court will consider the income of both parties as well as the standard of living they enjoyed as a couple. Spousal maintenance can be varied at any point if circumstances change.
Family mediation will need to be considered in most cases if you cannot agree and wish to apply to the court. They will consider your assets and income in order to make any decision. What is spousal maintenance? How long does spousal maintenance last for 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. Are spousal maintenance payments guaranteed?
How long does spousal maintenance last for? How do we decide on the amount of spousal maintenance? Case Study 1 — Real example where spousal maintenance agreed Elaine and Mark have been married for 17 years and have two children together, Phoebe 14 and Jacob How are the budgets calculated?
What expenses go into my budget The cost of housing, utility bills, council tax, school costs, clothes, holidays, presents, debt repayments, subscriptions and more will all make up a monthly budget. What is a Nominal Maintenance Order? Is It Possible for Spousal Maintenance to Be Changed Yes, either of the parties involve can apply to the court and vary the spousal maintenance to reduce or increase the amount — but this can only be done if their circumstances have changed.
Who is Entitled to Receive Spousal Maintenance? We were not married but were co-habiting for many years. Am I still entitled to spousal maintenance? Am I entitled to spousal maintenance? Can you meet your financial needs without any assistance from your ex? Have you been married for a long time and you quit your job to focus on being a homemaker?
At your age, is it possible to establish a career that will allow you to maintain your lifestyle or would it be difficult? Would you benefit more from receiving a lump sum instead of monthly payments? When are your needs likely to change? Do you have children under 18 who need support? Can you re-train to get a new career or set up a new business? Do you plan on getting married again in the near future or considering cohabiting?
My ex is refusing to pay spousal maintenance. How can we reach an agreement on spousal maintenance payments? We have already divorced, can I still make a claim for spousal maintenance? What is the difference between spousal maintenance and alimony?
What is a global maintenance order A Global Maintenance Order includes an element for child maintenance within the payments to be made. Does spousal maintenance affect my income or tax? Can my ex hide their income to avoid paying spousal maintenance? What happens if I want to live with my new partner after divorce You can of course live with your new partner.
What happens if my ex has children with their new partner? Final Words Spousal maintenance is an area where many clients find it difficult to reach an agreement. Looking For Advice? Spousal support orders are usually given in Family Court, although temporary maintenance payments can be ordered as part of a divorce in Supreme Court. The term "support" is most often used in Family Court, while the term "maintenance" is used in the Supreme Court which handles divorce cases.
Maintenance is ordered by the Supreme Court in a divorce action. Usually the Family Court will have jurisdiction to modify or enforce that order, after the divorce is completed. How is the amount of spousal support or maintenance determined? Once a support order has been given, can it be changed? A support order can be changed if there is a substantial change in circumstances.
The person asking for a change must file a modification petition explaining the change in circumstances. If the support was set by an agreement which is a contract made by the spouses , then you will need more than just a "substantial change" to modify. Are there any time limits on how long support payments can last? The judge can limit how long one must pay maintenance. Legal advice should always be taken. Skip to main content. Search form Search. Relationship Agreements. Spousal Maintenance.
What is spousal maintenance? How is spousal maintenance calculated?
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