Getting spousal support after divorce
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Spousal maintenance is a payment made by one spouse to the other following a divorce. It is in addition to child maintenance.
There is no automatic right to maintenance. The amount of maintenance is decided based on the couple’s financial needs and income.
Spousal maintenance (interim) can start during the divorce proceedings. Once a financial settlement is agreed, longer-term spousal maintenance will begin.
Your divorce lawyer will advise you of how much spousal maintenance a judge is likely to award you, and this will inform any negotiations you have.
If you are unable to agree on an amount and your case goes to court, the judge will decide how much you should receive.
Ideally, you will be able to reach an agreement without a judge having to decide the outcome.
You can consider mediation, arbitration or a Private FDR to help you reach a settlement.
Watch out for pensions! Many people fail to include these or will trade off pension claims to receive more capital from the family home, but this can lead to unfair outcomes so expert legal advice, often including an actuary’s report, is vital.
Matthew is a Senior Associate and was noted in the Legal 500 for being ‘excellent’ and thinking ‘through cases very carefully to make very sound tactical decisions.’ His specialism is resolving financial issues following a divorce or separation and he frequently advises clients on cohabitation issues. He is based at our Liverpool office.
Date last reviewed: 12/06/2024
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