Maintenance & Variation
One aspect of divorce or dissolution that many separating couples must take into account is whether one party will have to pay spousal maintenance to the other party, and if so, what the amount and duration of the maintenance will be.
Spousal maintenance can be by agreement or required by the Court. Spousal maintenance is separate from child maintenance, and if the Court has to decide the issue of spousal maintenance, the Court will consider all the circumstances of the case. This is likely to include the parties’ needs, their financial resources, age, any physical disabilities, standards of living and earning capacity.
If an order for maintenance is made, either party can apply to vary the maintenance, but no application should be made without considering the prospects of success. Equally, the prospects of successfully defending an application to vary maintenance should be considered carefully. If an application to vary maintenance is made, the unsuccessful party could be responsible for their ex-spouse’s costs at the end of the case. Specialist legal advice should be sought if an application to vary maintenance is made, and we can offer that specialist legal advice.
No two cases are the same. We will offer you tailored advice considering your financial situation and other issues involved in the breakdown of your relationship, including whether spousal maintenance should be an issue in your case.