Divorce can raise many difficult questions not just about property and children, but also about ongoing financial responsibilities. One of the most common concerns is: “Do I need to financially support my spouse after a divorce?”. In some cases, the answer to this question is “yes”, and spousal maintenance is one of the options available, after the breakdown of a marriage, to ensure that both parties can achieve a fair financial outcome and transition as smoothly as possible to independent living.
Spousal maintenance, also known as spousal periodical payments, is a mechanism whereby one spouse makes ongoing financial contributions to the other following divorce.
Interim spousal maintenance can be ordered before the final financial order, meaning that payments are made while proceedings are ongoing. Alternatively, spousal maintenance can form part of the final financial order if the Court decides that ongoing financial support is necessary following the conclusion of the divorce.
In making these decisions, the Court carefully considers each spouse’s financial needs, their resources and contributions during the marriage, and how best to achieve fairness.
When assessing whether spousal maintenance is appropriate, the Court’s decision-making very much relies on the facts of each specific case, but considers a combination of financial and personal factors, including:
Financial criteria:
Personal and practical factors:
A “clean break” order ends all financial obligations between spouses once it is deemed fair and reasonable and it is usually the Court’s preference to achieve this as soon as possible. However, it may not be appropriate in cases with factors such as:
If a clean break isn’t achievable, the Court can order spousal maintenance for a fixed term or, in some cases, on an open-ended basis. These payments typically end if the recipient remarries or enters a civil partnership. Other common triggers for maintenance ending are:
In some circumstance, maintenance can continue until the spouse can support themselves or their financial needs naturally reduce for instance, when children leave home or complete their education.
While the Court can impose spousal maintenance orders at a contested hearing, many couples reach agreement through mediation, attempting which is now compulsory before taking the matter to court. Determining fair payments is complex and takes into account:
Navigating spousal maintenance can be complicated. At Porter Dodson, our experienced family law team can provide clear guidance to help you understand your options and make informed decisions.