Spousal Support
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Call 0208 826 1200 Make an EnquiryExpert Spousal Support Services & Advice
Spousal support, also known as maintenance, can be a complex and sensitive issue following the breakdown of a relationship. Determining entitlement, duration, and amount requires careful analysis of financial circumstances, legal obligations, and the long-term implications for both parties.
We provide precise, strategic guidance tailored to each client's situation. Whether negotiating settlements or pursuing court applications, our approach combines rigorous financial assessment with legal expertise to achieve outcomes that are sustainable, enforceable, and reflective of the parties' needs and responsibilities.
Spousal Support Services
We advise on all aspects of spousal support, including:
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Calculating appropriate levels of maintenance
Calculating appropriate levels of maintenance
Determining the right figure requires a detailed analysis of income and needs. We provide realistic advice on what a court is likely to order.
- Analysing income, earning capacity, and budgets
- Assessing “reasonable needs” vs surplus income
- Calculating liability for high-net-worth individuals
- Advising on the interaction with child support
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Negotiation and drafting of maintenance agreements
Negotiation and drafting of maintenance agreements
Voluntary agreements can save the cost and stress of court. We draft clear maintenance provisions within financial orders.
- Negotiating monthly maintenance payments
- Drafting “global” maintenance orders
- Agreeing on term and termination triggers
- Structuring security for payments
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Court applications for financial support
Court applications for financial support
When agreement fails, we seek judicial determination. We represent clients in applications for Maintenance Pending Suit and final orders.
- Applying for interim maintenance pending suit
- Representing clients at Financial Dispute Resolution (FDR) hearings
- Presenting evidence of financial need to the court
- Advocating at Final Hearings
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Variation and enforcement of existing maintenance arrangements
Variation and enforcement of existing maintenance arrangements
Circumstances change, and orders may need to be updated. We assist in varying payments or enforcing arrears when a party defaults.
- Applying to vary maintenance upwards or downwards
- Defending applications to capitalise maintenance
- Enforcing arrears through attachment of earnings
- Advising on termination of maintenance obligations
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Advising on long-term financial planning in relation to support obligations
Advising on long-term financial planning in relation to support obligations
We consider the long-term impact of support on your financial independence. We aim for a clean break where appropriate and possible.
- Advising on the transition to independence
- Calculating the capital cost of a clean break
- Assessing the impact of remarriage or cohabitation
- Planning for retirement and pension sharing
Calculating appropriate levels of maintenance
Determining the right figure requires a detailed analysis of income and needs. We provide realistic advice on what a court is likely to order.
- Analysing income, earning capacity, and budgets
- Assessing “reasonable needs” vs surplus income
- Calculating liability for high-net-worth individuals
- Advising on the interaction with child support
Negotiation and drafting of maintenance agreements
Voluntary agreements can save the cost and stress of court. We draft clear maintenance provisions within financial orders.
- Negotiating monthly maintenance payments
- Drafting “global” maintenance orders
- Agreeing on term and termination triggers
- Structuring security for payments
Court applications for financial support
When agreement fails, we seek judicial determination. We represent clients in applications for Maintenance Pending Suit and final orders.
- Applying for interim maintenance pending suit
- Representing clients at Financial Dispute Resolution (FDR) hearings
- Presenting evidence of financial need to the court
- Advocating at Final Hearings
Variation and enforcement of existing maintenance arrangements
Circumstances change, and orders may need to be updated. We assist in varying payments or enforcing arrears when a party defaults.
- Applying to vary maintenance upwards or downwards
- Defending applications to capitalise maintenance
- Enforcing arrears through attachment of earnings
- Advising on termination of maintenance obligations
Advising on long-term financial planning in relation to support obligations
We consider the long-term impact of support on your financial independence. We aim for a clean break where appropriate and possible.
- Advising on the transition to independence
- Calculating the capital cost of a clean break
- Assessing the impact of remarriage or cohabitation
- Planning for retirement and pension sharing
Spousal Support FAQs
Here are answers to some common questions about our legal services for Spousal Support.
Is spousal maintenance automatic in divorce?
No. It is based on need and the ability to pay. The court looks at whether one party can adjust to financial independence without support. It is common where one partner sacrificed their career for the family or there is a large income disparity.
How long does spousal maintenance last?
It can be for a fixed "term" (e.g., 5 years) to allow a spouse to retrain or re-enter the workforce, or in rare cases, for "joint lives" (until death or remarriage). Courts increasingly prefer fixed terms to encourage independence.
What happens if the paying spouse loses their job?
If there is a significant change in financial circumstances, the paying party can apply to the court to vary (reduce) the maintenance. We advise on making these applications promptly to avoid accruing arrears.
Can I get a lump sum instead of monthly payments?
Yes, this is called "capitalising" maintenance. It provides a clean break and certainty. The court calculates a lump sum equivalent to the value of future monthly payments.
Does remarriage affect spousal support?
Yes. If the receiving party remarries, spousal maintenance stops automatically. However, cohabitation does not automatically end it, though it can be a trigger for the paying party to ask the court to reduce payments.
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