In the below article we answer your most frequently asked questions regarding spousal maintenance.
Where possible the court prefers a clean break so neither party is financially dependent on the other. This is not however always possible if for example the paying party has insufficient funds or assets to pay this as a lump sum. This could result in one party paying ongoing maintenance to the other, if fair in all the circumstances.
The court also has the power to make an order for spousal maintenance for a limited time only. This could be for example to allow the receiving party to seek qualifications and/or employment so that they have time to become financially independent and support themselves.
Maintenance pending suit also known as interim maintenance is financial support paid by one spouse to another after divorce proceedings start until the divorce and division of finances are finalised. You may be able to apply for maintenance pending suit if you have no or little income which stops you from living an appropriate lifestyle. Speak to one of our solicitors for more advice regarding this.
Child maintenance is a separate issue. The Child Maintenance Service (CMS) usually assesses and enforces child maintenance, click the following link for more details Making a child maintenance arrangement: Using the Child Maintenance Service – GOV.UK (www.gov.uk). It is also possible for the parties to agree child maintenance between themselves informally or have the agreement set out in a financial consent order.