Spousal Maintenance

Very often, we find that people have misconceptions about what they may or may not be entitled to, or how spousal maintenance works.

One such misconception is to do with ‘common law marriages’. In the UK, there is no such thing as common law marriage, and there are no rights for either party to receive financial support if you aren’t married or in a civil partnership. The exception to this is for child maintenance, which is a separate arrangement entirely. Unlike child maintenance, spousal maintenance is not required by law, and it is not determined by a calculator. There is no six-step formula for working out what someone owes or is owed.

How Do I Know If I’m Owed Alimony?

Usually, the purpose of spousal support (or “alimony”) is to make sure that one spouse is not left without the means to support themself or their children and does not suffer undue hardship as a result of divorce. It’s also usually not for life; just for a pre-determined amount of time, such as children reaching a certain age. Alimony is also automatically ceased in the event that the person receiving support remarries, or either party passes away.

If you want to understand what you may be owed, or what you may owe in terms of spousal maintenance, it’s important to speak with a family specialist solicitor. At Higgins Miller we are recognised for our extensive legal experience in family law. We will work hard to ensure we proactively work on your matter to ensure you receive everything you are owed. Although couples may come to an agreement on their own, it is always better to seek out expert advice so that we can make sure you understand the full scope of what is expected, and any other factors you may not have considered.

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What Affects How Much Spousal Maintenance Is?

Factors that will affect spousal maintenance include:

  • The income of both parties
  • Standard of living throughout the marriage/civil partnership
  • Duration of the relationship, as well as the age of the spouses
  • Any previous maintenance agreements
  • Age and financial needs of the children

Another misconception around spousal maintenance is that you may be entitled to more money if your partner has been unfaithful; this is extremely rare as behaviour during a marriage is not a determining factor of living expenses or finances.

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children disputes

How Is Alimony Paid?

Whilst maintenance payments are usually paid monthly, it is possible to make changes after an agreement has been reached, although this will need to be approved by the court. If you are paying spousal support and you lose your job, you can apply to have these payments suspended until you are able to get a new job. If the income or income needs of either party changes, you may also apply to have the amounts altered, although there is no guarantee that this will be agreed by the court. Finally, either party is able to apply to have the maintenance capitalised; this means paying all of the support owed as a lump sum. This usually follows the person making the payments receiving a large inheritance.

Our legal team will help you through the process and work hard to get the best financial settlement for you.

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If you would like to discuss your case with one of our expert solicitors, then we can arrange an initial meeting of up to an hour in our Stockport offices for just £120 + VAT @20% after which we will provide you with a comprehensive written report of our discussion together with our professional advice.

To arrange this fixed fee first appointment please telephone us at 0161 429 7251 or email [email protected]

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I have had the pleasure of having a few dealings with Mark Higgins and him taking care of us. I can’t speak highly enough of Mark. His knowledge and attention to detail is first class.

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Upon commencing my association with Higgins Miller, I experienced a heightened sense of apprehension and anxiety regarding the impending legal proceedings. Throughout the course of the year, I interacted with several solicitors, each of whom demonstrated exceptional professionalism and dedication. They maintained consistent communication, providing me with regular updates and effectively alleviating my concerns. Ultimately, I emerged victorious in my case, and I am profoundly grateful to Higgins Miller for their invaluable assistance. Without their expertise and support, the outcome could have been drastically different.

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I commend your professionalism and communication skills. Though the wait was long and frustrating at times, you took the time to explain things to me and answered my questions with honesty. You were never dismissive nor disrespectful as some previous legal practitioners were since the start of my journey and I appreciated that.

Please never change and from the bottom of my heart, a massive thank you.

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