Interim Spousal Maintenance

When a couple separates, the question of managing financially on a day-to-day basis can arise. However, organising finances during divorce can be a lengthy, difficult process.

Arranging interim spousal maintenance can help to provide some financial aid temporarily. Spousal support is particularly beneficial where one of the parties does not work and/or is the main carer of the family’s children. It is also useful for the higher-earning party, so their ex-partner cannot claim they have not received the money they need.

Concept of divorcing couple arranging spousal maintenance

Applying for spousal maintenance

While both parties are still alive, a spouse or former spouse has a claim for maintenance (also known as periodical payments). This claim is valid until the Court makes an Order dismissing their claim, or until they remarry.

If the higher-earning party does not make reasonable financial provision for the other in the period immediately after separation, that party can apply for urgent spousal support. This is known as an immediate interim spousal Order (also called Maintenance Pending Outcome of Proceedings).

The payer is liable to pay the other party’s legal costs, if he has been unreasonable. The Order can also include a provision for the payer to make an ongoing contribution to the other party’s future legal costs.

Such Orders are usually termed to last until a Final Order is made, dealing with all the financial issues substantively.

How much spousal support will I receive?

How much you can expect to receive from interim spousal maintenance is subject to a number of factors. When you apply to Court, you must divulge all your financial information, such as:

  • Your income, including benefits
  • Any debts you may have
  • A summary of short-term living costs

The Court will also consider your ex-partner’s finances before coming to a fair and reasonable decision.

When applying to the Court for interim spousal maintenance, you should always seek expert legal advice as soon as possible. A family law solicitor is the best person to help arrange spousal support and achieve the most beneficial outcome.

Contact us Major Family Law today and our experienced team can provide more information and guidance on spousal maintenance.