Read more articles in: Blog, Family Law, Mander Hadley, Stuart Daniel

When and how to apply for spousal maintenance payments

The end of a relationship is often a difficult time, especially when dealing with financial arrangements such as spousal maintenance payments.

It’s important to understand when and how to apply for these payments to ensure financial stability and fairness for both parties involved.

Understanding spousal maintenance

Spousal maintenance is a payment made by one spouse to the other following a divorce or separation.

These payments are designed to support the lower-earning spouse and help them maintain a similar standard of living to that which they enjoyed during the marriage.

Reasons to apply for spousal maintenance

You may need to apply for spousal maintenance if you find yourself in a financially disadvantaged position following a separation. Some common reasons include:

Income disparity between you and your former spouse, which may mean you require financial support to cover your living expenses
If you sacrificed career opportunities to support your spouse or take care of the home
Health issues

How to apply for spousal maintenance

Negotiation

The first step in applying for spousal maintenance is to negotiate directly with your former spouse.

Open communication and a willingness to compromise can often lead to an amicable agreement without the need for legal intervention.

It is advisable to document any agreements reached during this stage.

Mediation

If direct negotiation fails, mediation can be a useful step.

Mediation is often less confrontational and more cost-effective than going to court.

Court application

If negotiation and mediation do not resolve the issue, you may need to apply to the court for a spousal maintenance order.

The court will consider several factors, including both parties’ financial situations, needs, and any significant changes in circumstances since the separation.

Reasons to amend spousal maintenance payments

Even after a financial agreement has been put in place, it is common for spousal maintenance payments to be altered.

Life changes constantly, and there may be several reasons why you might need to amend or vary maintenance payments. These include:

Change in financial circumstances such as a job loss, promotion, or inheritance
If the receiving spouse remarries or begins living with a new partner, the payer may seek to reduce or terminate the maintenance payments
The needs of the receiving spouse may change over time, affecting the amount of support required
Illness or disability affecting either party’s ability to work or their financial needs could justify a variation in payments

How to vary and amend spousal maintenance payments

Similar to the initial application, you will need to follow the steps of negotiation, mediation and court application.

When applying to court to vary spousal maintenance, you must prepare thoroughly.

This preparation involves gathering all relevant financial documents. Ensure you collect payslips, bank statements, tax returns, and any other evidence of income, expenses, and assets.

Additionally, it is crucial to document any changes in circumstances that justify the variation.

This may include medical reports, letters from employers, or evidence of changes in living arrangements.

Providing clear and comprehensive documentation will support your case and increase the likelihood of a favourable outcome.

Our team of solicitors can ensure your application is well-prepared and increase your chances of a favourable outcome.

If you require assistance with the application to vary spousal maintenance payments or if you have any other queries relating to spousal maintenance, contact our expert family law team today.

Stuart Daniel

Director – Head of Family Department

I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.