We can assist with ensuring that you have access to income during and after the divorce process. With a wealth of expertise in dealing with cases with spousal maintenance we are well equipped to help you with these matters. Give us a call, email or book a consultation with us to get advice.
Spousal maintenance is a payment by one spouse to the other to meet income needs. You can seek payments whilst proceedings are ongoing called ‘maintenance pending suit’. This is essentially maintenance paid until the court determine the divorce application.
Hale Family Law are specialists in helping clients make and defend these types of applications. If you require urgent advice, we are on hand at a time to suit you.
You will need to ensure the divorce application is issued before making your application for maintenance pending suit.
Criteria for interim maintenance
The court will only make an order of this nature if you are unable to meet your needs and your spouse is able to meet their needs as well as your own. Therefore, whilst there may be a need for you to receive maintenance and their being an obligation, it will all depend on the payer’s ability to pay as well.
The court will consider the needs carefully having regard to your income needs schedule. It will consider your ‘reasonable’ needs and the standard of living during the marriage. You usually need to have received details of your spouse’s income before making an application to court. It is impossible to understand or estimate a reasonable budget without this.
Yes. Payments can be backdated to the date of the application for divorce. This is at the discretion of the court.
Yes, payments can continue after the divorce. They are referred to as periodical payments. These can last even after the financial aspects are resolved if the court consider a clean break is not appropriate.
No. Maintenance does not cover things like legal fees. You will need to consider whether to apply for a legal services order. See link to our page on funding your legal fees for further information.
It is a requirement for parties to attend mediation before considering applications to court, unless an exemption applies.
You should speak with a family law specialist. Hale Family Law are specialists in helping clients make and defend these types of applications. If you require urgent advice, we are on hand at a time to suit you. Contact us now 0161 567 6067
