Changes in spousal maintenance payments

Changes to spousal maintenance payments 

As the cost-of-living increases, individuals relying on spousal maintenance payments for support or those who have been ordered to pay spousal maintenance may face difficulties. We look at whether it is possible to change the amount being paid. 

When a couple divorces, a financial order should be made, setting out what will happen financially. In some cases, the court may make a spousal maintenance order requiring one party to pay money to the other on a regular basis.  

Spousal maintenance orders 

Not every case will involve a spousal maintenance order, and it is quite common for couples to have a clean financial break, with no ongoing obligations to each other. In some cases however, where one party is in a weaker financial position and has less scope to earn money than the other, spousal maintenance can be ordered. 

This is often only payable for a set period of time, as the courts prefer that parties are encouraged to provide for themselves. The payments could be designed to last while a parent raises their children or to allow them to retrain and secure a higher paying job. 

In some cases, maintenance may be payable for life or until the recipient remarries.  

The types of spousal maintenance order that the court can make are: 

• A lifetime spousal maintenance order – usually reserved for long marriages where one party has a low or limited earning capacity 

• A fixed-term spousal maintenance order – maintenance payable for a specified number of years, often used where there are older children or no children or where a marriage was relatively short-lived 

• A nominal spousal maintenance order – this is an order for a nominal sum, such as £1, leaving the situation open to the receiving party to ask the court to increase the amount in the future if their circumstances change 

Varying a spousal maintenance order 

If circumstances change, it may be possible to ask the court to vary a spousal maintenance order or even to dismiss it.  

By way of example, if the person receiving the payments were to inherit a large sum of money, the paying party could make a case for no longer paying. 

If a fixed-term spousal maintenance order has been made, it may include a direction that no application can be made to extend the term. If a direction is not included, then the receiving party can ask the court for an extension if they have a valid reason for needing the payments to continue for longer. 

Before applying to the court, you will usually need to consider mediation and attend a Mediation Information Assessment Meeting. A mediator may be able to help you and your former spouse to reach an agreement over changes to spousal maintenance, avoiding the need for court. 

What the court will consider when deciding whether to vary spousal maintenance 

Every case will be looked at individually, taking into account all of the circumstances. The court will need to see full financial details of both parties and will also take into account issues such as the parties’ health, the needs of any children, the children’s ages, the parties’ ages, their existing and future financial obligations and their earning capacity. 

The courts prefer to end payments wherever possible, so it is usually the case that maintenance is only ordered for as long as it considers the recipient to be in need of them. However, it will not allow a situation where one party suffers undue hardship because of exceptional circumstances such as illness, injury or caring obligations.  

The court has discretion to make an order as it sees fit, looking broadly at the circumstances of the case and what it deems to be fair and necessary.  

If you have a spousal maintenance order in place and you feel that it needs to be varied, you are advised to speak to an expert in family and divorce law.  

Contact us 

If you would like to speak to one of our expert family lawyers, ring us on 0800 015 0340 or email us family@chadlaw.co.uk.