The court have the power to order maintenance (also known as ”Periodical payments” or “spousal maintenance”) based upon “needs” in the event of divorce or civil partnership dissolution.

The amount and duration of maintenance are the two main issues.

Typically, if the party in the weaker financial position has a shortfall between their income and outgoings, and the paying party can afford to pay, the court can make a maintenance Order.

The amount of maintenance payable depends on many factors, e.g length of marriage, the age of any children, earning capacity, health, standard of living etc.

Maintenance can be payable for a set period of time, for example, this could be 3 years to allow someone to re-train or establish themselves in a job or on an open ended basis (known as “joint lives”).

A person’s health and the impact this may have on their earning capacity can also be a key consideration.  

Maintenance is often a crucial aspect of any Divorce, it is key that specialist advice is obtained at an early stage.

George Green’s Family Law and Divorce specialists are able to assist. We offer free initial telephone consultations, please call Mark Vandaele on 01902 796930 (mvandaele@georgegreen.co.uk)