Spousal Maintenance

Personal Legal Services » Family Matrimonial and Divorce » Spousal Maintenance

Following a divorce, one party may be unable to meet their financial needs without additional support. In these situations, it is appropriate to consider a claim for spousal maintenance payments.

At Taylor Emmet, our specialist team can support you with every aspect of spousal maintenance, from advising you on your entitlement and rights to supporting you with any negotiations that take place and, if necessary, representing you in any court proceedings.

Am I entitled to Spousal Maintenance?

Whether you believe that you may be entitled to receive spousal maintenance, or you are under the impression that you will need to make payments, it is essential that you seek out specialist advice at the earliest opportunity.

Our expertise with Spousal Maintenance

We appreciate that conversations concerning finances during divorce and separation can be tricky to navigate. Our team will be on hand to ensure that you receive the highest standard of legal support, specifically tailored to your needs and priorities.

Our Family Law team have been recognised by the Legal 500 as one of the leading family firms within the Sheffield City Region and beyond, highlighting our expertise.

Our experts have wide-ranging experience handling spousal maintenance claims for our clients, whether on an interim or urgent basis or for long-term support.

We also have good relationships with financial advisers who can be called upon to help analyse income needs both immediate and long term.

Head of Family Law Michaela Evans is also trained in Collaborative Law and >Resolution Together, allowing her to work with divorcing couples on a joint basis promoting a more constructive approach to achieving financial settlements and handling spousal maintenance.

How our Spousal Maintenance Solicitors and Lawyers can help you

Advice on your position and suitability for Spousal Maintenance

To help you understand your position and what steps you need to take, our Spousal Maintenance Solicitors and Lawyers will provide clear advice and clarify whether spousal maintenance will be required, and if so, the likely amount and over what period.

Negotiating the terms of Spousal Maintenance

We can support you in negotiating the terms of your spousal maintenance to ensure that you and your former partner can reach a mutual agreement.

Our Spousal Maintenance Solicitors and Lawyers will use their experience to identify and utilise the most suitable method of alternative dispute resolution to resolve any disagreements. This is likely to be a much faster and less costly way of reaching a resolution.

Applying to court

In some cases, it may not be possible to negotiate spousal maintenance with your former partner. If this applies to your situation, it will usually be necessary to apply to a court for a resolution.

The court will be able to decide whether spousal maintenance should be awarded and, if so, how much and for how long. Our Spousal Maintenance Solicitors and Lawyers can apply to the court on your behalf, judiciously preparing your case and providing robust representation at court hearings.

Varying Spousal Maintenance

If you already have a spousal maintenance agreement order in place, it is possible to vary the payments. This is something separated couples may consider if there has been a significant change in circumstances, particularly if they concern either party’s finances.

We can assist with the process of negotiating any changes to existing spousal maintenance payments, including making an application to the court to vary or even bring an end to payments if necessary.

Non-payment of Spousal Maintenance

If you have a spousal maintenance agreement or court order in place and your former partner fails to pay on time, in full or at all, you will have several options for resolving the matter.

Our Spousal Maintenance Solicitors and Lawyers will be able to advise you in relation to the non-payment of spousal maintenance, explaining your options and the process for reaching an efficient resolution and enforcing payment.

Frequently asked questions about Spousal Maintenance

What is Spousal Maintenance?

Spousal maintenance is a sum of money paid by one spouse to the other following divorce. The payment is made by the spouse with the higher income to support the recipient’s general living costs.

Spousal maintenance is usually paid in regular instalments, either for a fixed term or until a specific event occurs. In rare cases, it can be paid for life. In some cases, it can be paid as a one-off lump sum which is known as capitalised maintenance

How is Spousal Maintenance calculated?

There is no single formula for calculating spousal maintenance. The amount paid will depend on what a separating couple can agree on or, if they cannot agree, what the court decides is most appropriate.

Assessing how much should be paid and for how long will depend upon factors such as each party’s current income, the financial resources available to them, their reasonable needs, each party’s earning potential, and the length of the marriage.

Who is entitled to Spousal Maintenance?

No one is automatically entitled to receive spousal maintenance. Whether or not someone will be in a position to receive spousal maintenance will depend on their financial position and earning capacity relative to their spouse and whether they will be able to meet their reasonable financial needs via their own resources.

How do you apply for Spousal Maintenance?

Making an agreement for spousal maintenance can either be achieved through a voluntary negotiated arrangement or, if this is not possible, through a court order.

A voluntary agreement could be made after negotiation between both parties or after using various out of court dispute resolution methods to address any disagreements. Any voluntary agreement can be made legally binding by applying to the court for a consent order.

If no agreement can be reached regarding what level of maintenance (if any) should be paid, a court application can be made. This could form part of a general application regarding the division of finances during divorce or as its own separate application.

When does Spousal Maintenance start being paid?

Spousal maintenance payments usually start once parties begin to live apart. It might take the form of voluntary continued contributions to the other party or in some cases an application can be made to the court for interim maintenance to be paid whilst the overall financial settlement is being negotiated.

How long does spousal maintenance last?

The amount of time that spousal maintenance lasts will depend on the circumstances and what both parties are able to negotiate or, in the event an agreement cannot be reached, what a court orders.

Spousal maintenance could be made on a lifetime basis, on a fixed term, depending on the couple’s specific needs and circumstances.

In every instance, spousal maintenance will be terminated if the recipient remarries, or if either party passes away. It does not automatically stop if the recipient begins to cohabit with a partner without being married, though this may result in the payments being reduced or cancelled.

We have Family Law Solicitors near you

If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.

0114 218 4000

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Any issues that concern children have the potential to be extremely complex and fraught with conflict. We’re here to make sure that you can find a resolution quickly and painlessly, avoiding court proceedings wherever possible.

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Adoption Orders aim to provide a stable family environment for a child, with a view to providing successful integration into a new family life.

The adoption process has the potential to be extremely complex, with various steps needing to be correctly handled to ensure that a positive outcome is achieved with minimal disruption. No matter which side of an adoption you are on, it is vital that you receive practical and expert support at every stage.

Whether you need general legal advice on adoption, are currently going through the adoption process, or find yourself involved in an adoption appeal or dispute, it is vital that you receive specialist support from a team who have a detailed understanding of adoption law.

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We understand how upsetting and stressful care proceedings can be. Our team will work with you closely and provide support throughout the process, making sure you know what to expect and that your rights are protected.

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Having your child taken from you without your agreement is a parent’s worst nightmare. In some cases, this could be classed as child abduction.

If you need support in protecting your child, our team can help you to take immediate action. Our professional team of Child Law Solicitors and Lawyers have the skills to help you make an urgent application to the courts for the return of your child.

If required, we can also take emergency steps to prevent children from being removed from the country.

Child Arrangements Orders

A Child Arrangement Order is a type of court order which can be used to decide various aspects of your child’s upbringing. This includes deciding with whom they will live, how much time they spend with both parents and what type of contact will take place.

Such an order can be made if you are unable to resolve a dispute with your former partner about certain arrangements for your children.

Our Child Law Solicitors and Lawyers can help you to negotiate an agreement and, if this is unsuccessful, guide you through the process of making a Child Arrangement Order application.

Legal Aid

The availability of legal aid for family law cases has significantly reduced in recent years. However, there are certain scenarios where it may still be available.

As we have a contract with the Legal Aid Agency, our team can determine whether you are eligible for legal aid and, if so, support you with your application.

Parental Responsibility

Parental responsibility refers to the rights, duties, powers, responsibilities and authority that a parent has in respect of their child. When you have parental responsibility, you can make various decisions on behalf of your child.

Not all parents automatically have parental responsibility. If you wish to obtain parental responsibility for a child, it may be possible to make a parental responsibility agreement or apply to the court for parental responsibility order if you cannot reach an agreement.

In both scenarios, our Child Law Solicitors and Lawyers can work with you to offer the support you need.

Special Guardianship

Special Guardianship provides a middle ground between adoption and a Child Arrangements Order and can be used in situations where it is not possible for a child to live with their parents. When granted, a special guardianship order places a child or young person into care with someone other than their birth parents.

Whether you intend to make a Special Guardianship Order or a Special Guardianship Order has been applied for in relation to your child, our team can help you take the appropriate action and advise you on the options at your disposal.

Frequently asked questions about Children Law

How do I prepare for child custody court?

It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.

The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.

Can I avoid going to court?

In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.

Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.

What happens if we can’t reach an agreement?

If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.

Do I need a solicitor for child arrangements?

It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.

Do I have parental responsibility?

Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.

If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.

What orders can the family court make?

The family court has the power to make various orders in respect of children, such as:

Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
Specific Issue order – Settles a dispute between parents with parental responsibility.
Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
Responsibility Order