One of the main areas to cause stress and anxiety when you decide to separate from a spouse is thinking about your future finances and how you will cope financially with only one income. This is particularly acute if you have depended on your spouse for the duration of the marriage, or have worked part-time to bring up your family.When separation happens, prior to the divorce being finalised, if one party cannot financially support themselves, something called Maintenance Pending Suit (MPS) can be put in place. This allows the court to order the more financially affluent party to pay maintenance to the other until the divorce becomes final.
One of the main areas to cause stress and anxiety when you decide to separate from a spouse is thinking about your future finances and how you will cope financially with only one income. This is particularly acute if you have depended on your spouse for the duration of the marriage, or have worked part-time to bring up your family.When separation happens, prior to the divorce being finalised, if one party cannot financially support themselves, something called Maintenance Pending Suit (MPS) can be put in place. This allows the court to order the more financially affluent party to pay maintenance to the other until the divorce becomes final.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
How do I know if I am entitled to MPS?
MPS payments are used to assist one party with their day-to-day living expenses, but are not designed to meet the outgoings of any children of the family. This is dealt with separately, either by agreement or via the Child Maintenance Service.
The court will evaluate the recipient’s reasonable needs and the paying party’s ability to make such payments. If the court decides that the payer does not have sufficient income to meet the recipient’s request, it is unlikely to make an order for MPS.
What does the court look at when deciding an MPS case?
The court will assess whether or not MPS should be made using a test of “reasonableness”. It will also look at the standard of living maintained during the marriage. The preparation of a budget, or an income needs schedule is usually the first step for the applicant of MPS, which is then measured against both parties income. In small or average money cases, the costs of making an application for MPS may outweigh the relief being sought, particularly because payments are only made to cover a number of months pending the outcome of the finances and divorce.
Each case is different, but if you enjoyed a high standard of living during your marriage and your ex can afford to make the payments, then your needs may be interpreted more generously than if your respective budgets are tight.
What expenses does MPS cover?
It is important to remember that MPS is a temporary measure designed to provide short-term financial support during the divorce proceedings. Once the financial arrangements have been finalised, MPS will no longer be payable.
Maintenance Pending Suit can be used to cover a range of expenses, including:
- Living expenses such as housing, utility bills, food and clothing
- Legal fees and court costs associated with the divorce proceedings – it is important to bear in mind that although MPS and a Legal Services Payment Order (LSPO) can be made at the same time, they are legally distinct. Although there are similar evidential requirements common to both applications, an LSPO has specific evidential features which must be met.
- Childcare expenses, including school fees but not general child maintenance
- Any other expenses that are deemed necessary and reasonable by the court
Judges are experienced in spotting exaggeration or padding out of a budget, and have little time to go through detailed cross examination to find out who is telling the truth. So the judge has to make a decision, which is often based on their gut feeling and initial appearances.
Does my ex have to provide full and frank disclosure?
Because MPS is not a final settlement and only an interim financial measure, there should be no need for a full and detailed analysis of the spouse’s financial circumstances and needs. This will be done later as part of the full financial settlement process. Only in cases involving extremely high levels of wealth may the court feel it necessary to analyse the financial circumstances in more depth than the broad brush they would typically use.
If there is question over the financial disclosure by the payer, either being deficient or intentionally reducing their income, the court may make robust assumption regarding their ability to pay. So if a party fails to file a proper and detailed statement, the judge is entitled to take a view and find against the payer. As these cases are usually listed for no longer than an hour, hard evidence, quick responses, and getting to the point are important in getting your case across and make best use of the time.
Can MPS be varied if circumstances change?
Courts have the discretion to vary MPS orders if there is a significant change in either party’s financial circumstances. For instance, if one party experiences a substantial increase or decrease in income, loses their job, or faces new financial burdens such as significant medical expenses, these changes can justify a reassessment of the MPS amount.
To request a variation, the party seeking the change must apply to the court, providing evidence of the changed circumstances. The court will then consider whether the alteration is fair and reasonable, taking into account both parties’ current financial needs and resources. This flexibility ensures that MPS orders remain fair and reflective of the parties’ actual financial situations, preventing undue hardship or unjust enrichment. It is advisable to seek legal advice when considering an application for variation to ensure that all relevant factors are presented effectively to the court.
Can my ex just stop paying MPS if they can’t afford it?
If the paying spouse’s circumstances have changed for the worse, they are not automatically relieved of their obligation to continue paying Maintenance Pending Suit. However, they can apply to the court to have the MPS order varied or discharged. The paying spouse must formally apply to the court for a variation of the MPS order. This application should detail the change in their financial circumstances, such as a significant drop in income, loss of employment, or other financial hardships.
The court will require evidence of the changed financial situation. This could include recent pay slips, bank statements, letters of redundancy, or any other relevant financial documentation that demonstrates the decreased ability to pay.
The court will consider whether the change in circumstances justifies a reduction or suspension of the MPS payments. The court’s primary concern is fairness and ensuring that both parties’ needs are appropriately balanced.
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