Following a divorce, a spouse may be required to pay their former spouse maintenance, normally on a monthly basis, if they are unable to meet their day-to-day outgoings without it. There is no set formula for the calculation of spousal maintenance. The court seeks to achieve a fair outcome and the amount paid will depend on the couple’s financial needs and how these can be met from their resources. The appropriate amount varies from case to case and specialist legal advice should be sought. Joint Lives Maintenance Order The court has a duty to dismiss the financial obligations between the parties as soon as possible. So in some circumstances the court may order maintenance for a defined period (term of years) to enable someone to move towards financial independence, for example by re-entering the workplace after raising children. In circumstances where a person has been out of work for many years and would be unable to adjust without undue hardship a court may order maintenance on a lifelong basis. This is known as a ‘joint lives maintenance order’ and may provide spousal maintenance for life. Payments will end upon the death of either of the parties or on the remarriage of the recipient. At any time, either party can apply to the court for the order to be varied or dismissed following a change in either party’s circumstances. The current discretionary system has come in for criticism as it can be very difficult to know in advance what a court might award, making it harder for the parties to reach agreement. There have also been calls for maintenance payments to be limited in amount and duration to encourage the financially weaker party to increase their income independently and become self-reliant. A Private Members Bill put forward by Baroness Deech is currently before Parliament and seeks to restrict the court’s powers to award spousal maintenance by providing set criteria for when maintenance can be provided and imposing a five-year limit, save in exceptional circumstances, bringing an end to the so-called ‘meal ticket for life’ awards. However, critics of the Bill argue that a ‘one size fits all’ approach is not appropriate and that judges should retain their discretion as no two cases are alike and each case should be decided on its merits. Furthermore, a cap on maintenance could be unjust, for example, where there has been a very long marriage and the financially weaker party has supported the family, raised the children and enabled the financially stronger spouse to excel in their career. Both parties have contributed equally to the welfare of the family and so both should benefit from the success of the financially stronger spouse. A five-year cap is unlikely to go far enough in compensating such a spouse for the sacrifices they have made or to support them financially in the long term. It remains to be seen whether the Bill will be implemented as law, but either way the calls for reform are unlikely to go away. How can Morr & Co help? If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Family team on 01737 854500 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Tags Insights On this page Related Stories Insights Spousal Maintenance and Capitalisation View more Contact our team today Contact Us
