Separation can place significant financial strain on individuals, especially when one partner lacks the resources to cover living expenses. In such cases, applying for maintenance payments can provide crucial support during a challenging time. At Oliver & Co Solicitors, we specialise in helping individuals navigate the legal system to secure the financial assistance they need.
What is Maintenance?
Maintenance, also known as spousal support, is a financial payment from one spouse or partner to the other to support their living costs. Maintenance can be applied for as part of divorce or separation proceedings, or under specific circumstances where financial disparity exists.
The aim of maintenance is to ensure that both parties maintain a standard of living that is fair and reasonable, taking into account their respective financial situations. Maintenance is distinct from child maintenance, which specifically addresses the financial needs of children.
When Can You Apply for Maintenance?
You can apply for maintenance if:
- You are married or in a civil partnership: Maintenance is typically considered during divorce or dissolution proceedings.
- You are financially dependent on your partner: This could be due to giving up work to care for children, health issues, or other reasons.
- Your partner has sufficient resources: Courts will consider the paying party’s income and assets when determining whether maintenance is appropriate.
For cohabiting couples, there is no automatic right to maintenance, but financial support can be sought for children under the Children Act 1989 (discussed further below).
Types of Maintenance
There are different types of maintenance arrangements, including:
- Interim Maintenance (Maintenance Pending Suit): Temporary support during divorce or separation proceedings.
- Long-Term Maintenance: Ongoing payments after the divorce, which may be for a fixed term or until a specific event, such as remarriage or retirement.
- Lump Sum Payment: In some cases, a one-off payment may be ordered instead of ongoing support.
The court will assess the duration and amount of maintenance based on factors like the length of the marriage, financial contributions, and the recipient’s future earning potential.
How to Apply for Maintenance
- File an Application: Maintenance claims are made as part of divorce proceedings or by filing Form A (for financial orders).
- Disclose Financial Information: Both parties must provide full and honest disclosure of their financial situations, including income, assets, and liabilities.
- Attend Hearings: If an agreement cannot be reached, the court will hold hearings to determine the appropriate level of maintenance.
Interim maintenance can be applied for urgently by filing for maintenance pending suit, ensuring support is provided while the final settlement is determined.
Court Considerations
When deciding maintenance, courts consider:
- The financial needs, obligations, and resources of both parties.
- The standard of living during the marriage.
- The length of the marriage or civil partnership.
- The contributions (financial or otherwise) made by each party.
The court’s priority is fairness, ensuring that the outcome reflects the needs and capabilities of both individuals.
What About Children?
If children are involved, you may be eligible for child maintenance, which is calculated separately from spousal maintenance. Child maintenance can be arranged through private agreements, the Child Maintenance Service (CMS), or court orders under the Children Act 1989.
In cases where the child’s needs exceed the CMS calculation (e.g., private school fees or exceptional medical costs), additional financial support can be sought through court orders.
Practical Tips for Securing Maintenance
- Act Quickly: If you are struggling financially, apply for maintenance as soon as possible to avoid further hardship.
- Gather Evidence: Provide clear documentation of your financial needs, such as bank statements, bills, and proof of income.
- Seek Legal Advice: A solicitor can help you present a strong case and negotiate fair terms with your partner.
- Be Realistic: Maintenance payments depend on your partner’s financial capacity, so ensure your expectations align with their resources.
Why Maintenance Matters
Maintenance can provide a lifeline during separation, allowing individuals to cover basic needs, maintain stability, and plan for the future. It is particularly vital for individuals who have sacrificed careers or financial independence for the benefit of the family.
We Can Help
Applying for maintenance can feel overwhelming, but you do not have to face it alone. At Oliver & Co Solicitors, we offer compassionate and practical support to help you secure the financial assistance you need. Contact us today on 01244 312306 for expert advice tailored to your circumstances. Together, we will help you achieve a fair and sustainable outcome.
