Spousal maintenance is the amount of money paid by one former spouses to the other (the wife, in most cases) that can’t support themselves financially after divorce. It usually applies where one spouse earns considerably more than the other whose needs cannot be met by their own income.
Spousal maintenance is either a lump sum (capitalized) or a regular sum paid on an ongoing, monthly basis. The court may dismiss spousal maintenance in case circumstances change (such as if either party remarries/dies). Find out more about spousal maintenance and how to calculate it below.
How Is Spousal Maintenance Calculated in the UK?
We often get questions about how much spousal maintenance is.Spousal maintenance may be awarded if one of the spouses is unable to support themselves financially. The court decides the amount to be paid and the frequency that it will be paid after considering several factors (for example, medical conditions,, age, earning ability, general financial position, the needs of any minor children). However, there is no set formula for spousal maintenance. In some cases, the ex-spouses agree on the amount to be paid.
Is Spousal Maintenance Taxable in the UK?
No, spousal maintenance is non-taxable because the spouse paying it has already been taxed.
How to Work Out Spousal Maintenance?
Avoiding spousal maintenance is possible if both parties agree. On the other hand, spousal maintenance should have a termination date so it doesn’t become a financial burden for one of the ex-spouses. Also, the spouse who is not the sole caregiver for any children may not get spousal maintenance.
A spouse that is awarded spousal maintenance after divorce may need some time to establish a new household and find an appropriate job. Some spouses, although they have the skills to obtain a job, prefer staying at home. Note that the party that pays spousal maintenance can’t insist their ex-spouse finds employment just to help them stop paying maintenance, but the Court will expect that they will work if they are able and the “paying party” is unlikely to be forced to make payments to former spouse who chooses not to work.
The non-working ex-spouse should find a work of suitable nature that can potentially earn them enough money to live on their own. High-skilled workers who haven’t been working for years or decades may have difficulties finding a job. And, even if they do find a job (low-paying), they will still receive maintenance.
Summary
Bereavement, moving home, and going through a divorce are the top 3 most stressful experiences for any person. Things can get worse when having to leave your home and get divorced at the same time. The considerate and friendly family team at TBW will make sure this phase of your life passes by as pain-free and stress-free as possible, while taking care of all the legal aspects of your divorce and ensuring you receive the best outcome. Please contact us at any time if you have any questions about resolving your marriage breakdown and need professional family legal help.
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