Maintenance for a spouse
It is common for families to rely on income from one party, while the other stays at home to look after the children. Considering how the non-working party will continue to support themselves after divorce.
You may need to consider maintenance payments. Are the assets insufficient to meet the financial needs of each party?
How much maintenance should be paid?
With no set formula for spousal maintenance you may need to agree a payment if one party is a higher earner. This will depend on your individual circumstance.
Considering the children’s interests. Reasonable needs of each party. The standard of living that you enjoyed during the marriage.
How long maintenance should be paid for?
It is rare for the court to order maintenance payments for an indefinite period. It is always advisable to plan how long maintenance payments will continue. Your spouse is aiming to be independent. This may be through employment, investment or even state benefits.
At Divorce Negotiator, we will assist couples to reach a fair agreement. We will discuss many options you need to consider in achieving financial independence. Maintenance payments for a spouse does not achieve a complete clean break. We will assist you. Offering options to give financial independence. Either from the outset, or as soon as practicable.
Child maintenance is a regular (weekly or monthly) payment by the non-resident parent. (The parent who does not have full-time care of the child(ren)) to the resident parent. The payments are for the benefit of the child(ren) and they are separate from any maintenance for a spouse. Spouse maintenance is needs based; yet, child maintenance is not – it is the law.
It is rare the family court get involved in child maintenance issues anymore. Parents should come to private agreements about the amount of maintenance. Or they go the Child Maintenance Services. Payments must be enough to ensure that the child(ren) are maintained and accommodated. Their basic needs are taken care of (food, clothing, roof over their heads etc). The payments will continue until the child(ren) leave full-time education or reach the age of 18. whichever is the later. Couples will often come to an agreement to support child(ren) while they are in university. so this is something that could be considered.
If you are unable to agree on a figure, there are formal routes that you can go down without going to court.
Divorce Negotiator will guide you through and what alternative routes you can explore.