We Need To Talk About Spousal Maintenance…


How much, and how long? and how do we agree on an outcome?

In England & Wales, It’s fair to say that spousal maintenance is one of the most uncertain aspects of an already uncertain system of financial provision on divorce. Predicting what a court will say about maintenance is notoriously difficult because it relies on so many variables: what does the individual judge think about the recipient’s ability to earn enough to contribute towards their own outgoings? What can the payer realistically afford to pay? How much is reasonable? And for how long? Should maintenance be capitalised? All of these factors will have to be considered and applied before a decision is reached. There is rarely if ever a ‘right answer’.

Some countries, such as Scotland, impose maximum limits on how long maintenance can be paid for. Others, such as England, do not. For a more in depth explaination of spousal maintenance explaining some of the principles in play click here.


If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.uk.


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