Is it legal to request spousal maintenance in my divorce settlement?

For couples who are contemplating divorce or the dissolution of their partnership, planning for their financial security is a key concern.

In this ‘Is it legal to…’ we explore what spousal maintenance is and what it means for separating couples. 

Is it legal to request spousal maintenance in my divorce settlement?

Yes! Spousal maintenance will always be considered within any financial settlement during divorce proceedings.

What is spousal maintenance?

Spousal maintenance is a monthly payment made by a spouse or civil partner to the other.  Spousal maintenance can also be paid (capitalised) as a one-off capital payment.

How much maintenance could I receive?

There is no set calculation. Whether maintenance is payable will depend on a number of factors including:

• The length of the marriage or civil partnership.
• If there are young dependent children.
• Employment opportunities.
• Disparity of income, and;
• An individual’s needs.

Is spousal maintenance a permanent agreement?

Spousal maintenance can be incorporated into a final financial order within divorce proceedings.

So, does that mean spousal maintenance can end?

Yes, there is a possibility that spousal maintenance will come to an end. The most common reasons are:

• Spousal maintenance can be for an agreed specified period.
• It may be varied or discharged depending on a person’s financial circumstances.
• It may come to an end in the event of the recipient remarrying or cohabiting.

If you are considering divorce or dissolving your civil partnership, our experienced Family Law team can provide expert advice and support. Please contact us on 01603 620508 or complete our online enquiry form below.

Find out more about our Family Law team by following this link.