Many divorcing people will be concerned about how they will support themselves when a divorce is finalised, particularly if they have been doing the lion’s share of childcare and cannot easily fall back into full-time work. Some spouses may be able to get spousal maintenance from their ex to help them manage financially. This is a payment made by one person to another before or after the divorce. This article sets out how long spousal maintenance is paid for.
Many divorcing people will be concerned about how they will support themselves when a divorce is finalised, particularly if they have been doing the lion’s share of childcare and cannot easily fall back into full-time work. Some spouses may be able to get spousal maintenance from their ex to help them manage financially. This is a payment made by one person to another before or after the divorce. This article sets out how long spousal maintenance is paid for.
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How long will payments last for?
Spousal maintenance typically comes in the form of monthly payments, either for a fixed period, known a “term order”, or on an open-ended basis, which can also be referred to as a “joint lives order”. In any case where spousal maintenance is paid, a clean break will be delayed until the maintenance order ends or is ended by further order. A clean break prevents either party from making a financial claim against the other, no matter their circumstances.
Term orders last for a pre-determined period, with the receiving spouse only receiving maintenance for as long as it is necessary for them to achieve financial independence, “without undue hardship”. Some hardship is allowable, but it is a question of degree. In this case, a clean break will be delayed until it is appropriate for it to take place.
It is difficult to gauge exactly how long a term of maintenance should be because every case has its own unique set of circumstances. For example, maintenance could be very short term, until the receiving spouse begins a pre-identified new job. Alternatively, it could last for several years if re-training is needed, or until childcare responsibilities have reduced to such a degree that full-time work becomes feasible again. Term orders will state exactly how long the spousal maintenance will last and set an end date.
Joint life orders, which are extremely rare, end automatically if the receiving spouse remarries or dies. It does not end if the paying spouse remarries. In addition, if the receiving spouse lives with someone, it does not end a spousal maintenance order unless the order provides for this possibility. The extent to which cohabitation is relevant depends on the circumstances of the case.
Can spousal maintenance be varied?
Both the amount payable and the term of the order can be varied by the court. It recognises that circumstances change over time, people lose their jobs, change careers, or move elsewhere. So the right to seek a variation of spousal maintenance is an important protection for both parties.
On an application to vary spousal maintenance, the court has a duty to reconsider whether a clean break is achievable. The court has the power to order a paying spouse to provide a capital lump sum instead of making ongoing payments if this is deemed appropriate in all the circumstances and would better facilitate a clean break between the parties. The court may also make orders against the paying spouse’s pension funds.
The receiving spouse can apply to extend the length of the maintenance term, provided that:
- The term has not already expired; and
- The original order did not prevent the making of such an application. This is known as a s28(1A) bar
If either of these things have happened, then it will not be possible to apply to extend the spousal maintenance term.
Can my ex decide to stop paying spousal maintenance before the term ends?
Someone can only stop paying spousal maintenance once the set period of payment has ended, the receiving spouse remarries or dies, or the paying spouse has the order varied by the court.
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