Spousal Maintenance after a Divorce
What is spousal maintenance?
Following a divorce, spousal maintenance may or may not be payable, depending on the circumstances.
It is a separate issue to financial maintenance for children. Parents always have a financial obligation to their children following a divorce, up until the children reach the age of 16 (or later under certain conditions).
Am I entitled to spousal maintenance after a divorce?
This will depend on a number of factors including:
- The duration of the marriage
- The current earnings of each party
- The potential earning capacity of each party in the future
- The standard of living you enjoyed before the divorce
- Your respective financial needs and the financial needs of any dependent children
- The contribution made to the marriage, either financial or by caring for children and looking after the family home
As an example, if a young couple with no children have been married for only a short time and both are working, then it may be fair for them both to leave the marriage with no ongoing financial ties and taking with them what they brought into the marriage.
Alternatively, if a couple have been married for 25 years and by agreement the wife gave up a career to bring up the family at home, while the husband became the sole bread winner, then the wife’s future earnings capability may be severely compromised.
If you would like to discuss an issue with one of our family law solicitors, please contact us and one of our specialist team will be happy to advise you.