Maintenance is often the most problematic issue in divorce and marriage dissolution cases.
Many people aren’t aware or do not agree that they may have to support their spouse after separation. When a marriage ends acrimoniously or unfaithfully, it can be difficult to persuade the other party to fulfil their legal obligations.
Whether you are seeking maintenance or being asked for support by your former spouse, we can help you come to an agreement that’s fair for both parties. We will guide you through the initial process of organising these payments, instruct you on how to retrieve money owed and provide information on the circumstances that may cause the agreement to change.
Maintenance (sometimes known as alimony) is paid to ensure both parties can continue to live in the manner to which they have become accustomed. These payments are considered necessary as in most instances the marriage will have required at least one person to alter their life plans. The most common decision is for one partner to give up a potentially successful career to bring up children, although each couple is unique and there are numerous other reasons for maintenance being required.
We approach every maintenance case individually, following an assessment of the needs of family members. There’s no automatic entitlement to spousal maintenance. But, if you can provide evidence that the divorce will make it difficult for you to sustain a familiar quality of life, the courts will often deem it necessary.
We can help you and your ex-spouse come to a fair and reasonable agreement on how much is owed and how often the payments should be made. Payments can be for life, but are often scheduled for a fixed period which can be extended in certain circumstances.
Sometimes, couples can avoid maintenance payments by opting for a ‘clean break’ settlement, where a single lump sum is paid to the vulnerable party and all financial claims against the other party are ended (except child support). However, this can be an expensive option that’s out of reach for many couples.
Contact us today and find out how we can support you with your maintenance application.
