In some divorce cases it may be appropriate for one of the spouses to make maintenance payments to the other one. This would typically be the case if one partner earned more than the other one, who would be unable to support themselves without this financial support. Maintenance isn’t always appropriate and, while it has traditionally been paid by the husband to the wife, an arrangement that sees the payment going the other way could be possible.
If you require information about maintenance and need the assistance, Leeds Divorce Solicitors from our firm will be able to provide you with the most appropriate advice regarding the post-divorce financial arrangements and maintenance payments. Here is some basic information which may be helpful.
Types of Maintenance
Maintenance, can come in a number of forms. It could be a lump sum which is provided once the divorce is agreed, or a regular monthly payment made for a certain length of time. This could be short-term and temporary, perhaps to support the dependent spouse until the divorce is agreed; or for a specified period of time after the divorce, to allow them to acquire the employment, training and skills they may need to become self-sufficient. Alternatively, maintenance could be required for the rest of the dependent spouse’s life, or until such time as they remarry.
Whether maintenance is appropriate, and if so how much it will be, will depend on the factors surrounding each individual divorce case. These factors typically include, but aren’t limited to, the ability of the dependent spouse to support themselves without any financial assistance, their current earnings and future earning potential, and the earnings of the spouse who might be expected to pay maintenance. Maintenance is therefore not guaranteed in every single divorce case, and the exactly how much one spouse might have to pay, if they have to pay it at all, will be decided on a case by case basis.
Review and Modification
If maintenance is required, the amount could be subject to review and modification for a number of reasons. If the supporting spouse were to receive an increase in salary, they might be expected to pay more. Alternatively, if the dependent spouse were to benefit from an increase in earnings, the amount of maintenance might be reduced. Changes in inflation and the cost of living, as well as a number of other reasons, could also cause maintenance to be increased or decreased. However, if the partners have agreed to a Clean Break Order, this could limit the possibility of a modification in the future for some of the reasons already outlined.
If you’re dealing with a maintenance issue and need assistance, Leeds Divorce Solicitors from our office provide different levels of service to suit all budgets, and will make sure you get the advice you need.