Understanding Spousal Maintenance In 2025
The New Year is an important period for many people planning how best to manage their money in 2025 - especially after the additional costs incurred by the festive season.
Many spouses - particularly those who are going through separation and divorce - will want to know their rights regarding Spousal Maintenance - a payment made by one party to the other as part of the financial settlement on their divorce or separation.
Usually, it is paid every month and can last for either a defined period or, in increasingly rare cases, until one of the former spouses dies.
Jones Myers Partner, Nicki Mitchell - a mediator, child inclusive mediator and collaborative family lawyer - highlights how Spousal Maintenance is not an automatic entitlement and only applies to divorcing couples. Nicki shares some key insights below:
How is the amount and duration agreed?
There is no set formula for working out Spousal Maintenance payments. How much is paid and for how long can be settled through mutual agreement between a spouse and their ex during divorce proceedings.
Information is exchanged about each spouse’s income and their monthly outgoings. If one spouse has insufficient income to meet their needs and the other can afford to make up or contribute to that shortfall then Spousal Maintenance may be appropriate.
Interim Spousal Maintenance can be agreed or ordered in the initial stages of separation to ensure that the spouse who is weaker financially can manage their basic monthly outgoings.
Does getting Spousal Maintenance involve going to Court?
If the couple are unable to come to a mutual agreement, the Court can decide whether Spousal Maintenance should be paid.
In every case the Court must consider the possibility of a Clean Break Order - which severs all financial ties between the couple.
If a Clean Break Order is not appropriate immediately, the court will order what the Judge considers to be a reasonable level of Spousal Maintenance - and for how long this must be paid.
The court will have before it detailed information about the income available and each party’s income needs. Spousal Maintenance is usually only ordered for a fixed period of time, long enough to enable an adjustment to independence.
How can couples reach a solution without going to court?
More couples are turning to non-confrontational options, which allow them to retain control of decisions which affect them, put their children’s best interests first and avoid costly and destructive court battles.
They include negotiation, mediation or collaborative practice where couples and their lawyers commit to find a positive solution without going to court and sign a binding agreement to that effect. Specialist family lawyers like Jones Myers have extensive experience in advising couples in these areas.
In what circumstances is Spousal Maintenance terminated?
When Spousal Maintenance ends will be set out in the court order. Typically this will be when the spouse receiving the payments has had time to adjust to independence or when their financial needs are reduced. For example, when the children finish school or university, or they leave home.
Spousal Maintenance will cease when one of the spouses dies or if the recipient of the maintenance gets married again or enters into a civil partnership.
What happens if the circumstances change?
If the circumstances of the spouses alter significantly after a Spousal Maintenance Order has been made, they can agree to change the payments ordered and send an agreed order to the Court which supersedes the original order. If agreement is not possible then either of them can apply to the Court to vary the terms of the order.
The Court will consider factors such as changes in income, employment status or financial needs to assess if a variation is appropriate.
As experienced family lawyers, we have extensive experience in helping our clients to understand their legal position and options regarding Spousal Maintenance.
We can also assist in negotiating agreements to reach a fair and mutually acceptable solution. If an agreement cannot be reached through negotiation, we can represent clients in court proceedings to seek a Spousal Maintenance Order or to vary an existing order.
With headquarters in Leeds and offices in York and Harrogate, Jones Myers is a multi-award winning family law practice which has consistently achieved top tier rankings in legal guides for almost three decades.
The firm’s Harrogate office is located at 5 Victoria Avenue, HG1 1EQ, www.jonesmyers.co.uk For queries on all aspects of divorce and family law, call 01423 276104.
ABOUT NICKI MITCHELL
With three decades experience in family law, Nicki specialises in the financial aspects of relationship breakdown - and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.
A skilled mediator, child inclusive mediator and collaborative family lawyer Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.
Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns.
