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What is spousal maintenance?

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The courts are frequently tasked with the difficult question of whether maintenance should be paid to a former spouse or civil partner following divorce or dissolution of a civil partnership and, if so, how much and for how long.

Following a divorce or dissolution of a civil partnership, where a former spouse or civil partner has insufficient income to support themselves, the financially stronger person within the relationship may agree, or may be ordered, to pay ongoing maintenance payments.

A lot of couples prefer to achieve a clean break so that they can each be financially independent. The Court have an overriding objective to consider whether a clean break Order is possible. In some situations it isn’t possible to achieve complete financial independence.  In these circumstances, the question of spousal maintenance will need to be considered.

Spousal maintenance remains, and no doubt always will be, a highly contentious issue. You should always seek expert legal advice where spousal maintenance might be involved.

For more information about spousal maintenance, or if you want to organise a free, initial no obligation consultation, please telephone Rowlinsons Solicitors on 01928 735333 and ask to speak to the Family Department.