Spousal maintenance is an order that can be made by the Courts within divorce proceedings particularly where you have got a case where perhaps you’ve got one party to the marriage who earns a substantial amount more than the other. It may be the case for example that the wife stayed at home to look after the children, put a halt on her career as a result of which the husband’s career has progressed as she has supported him through that and it is an opportunity for the Courts to make an award of a maintenance payment each month or by way of a lump sum or it can be capitalised into a larger lump sum to compensate for the fact that there is that disparity in income.
An application for spousal maintenance can be made either, if you are the petitioner (ie you started the divorce), in your original petition or if not if you are the respondent in divorce proceedings you can make an application via a Form A. If you are in financial difficulty during the course of the proceedings, you can actually apply for maintenance at that stage, this is known as maintenance pending suit. If you have any queries or questions regarding spousal maintenance then please feel free to call or email me at any time: Andrew Robotham 01332 413109.