Spousal maintenance is a continual obligation for one spouse to pay the other a weekly or monthly sum even after the divorce has been finalised.

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

Typically, if the party in the weaker financial position has more outgoings than they do income, and the other party can afford to pay, the court may 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 for a set period of time, for example, this could be 4 years to allow someone to go back to education, re-train or establish themselves in a job.

Alternatively, maintenance may be made on an open-ended basis if it is not possible for the party to gain the income they require (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.

If you require any further assistance in respect of divorce proceedings, our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, complete our online enquiry form and a member of our team will respond, or please call 01902 328 365.