How to Claim Spousal Maintenance and Resolve Disputes? 

Tackling a spousal maintenance claim or looking to make one? It’s a mix of emotions and legal steps. From figuring out claims, and dealing with non-payments, to understanding clean breaks and insurance, you need clear info. At Anthony Gold Solicitors, we’ve got the insights to guide you smoothly. Let’s dive in.

How to claim spousal maintenance?

Claiming spousal maintenance involves a structured approach: 

• Financial Disclosure

Both parties should provide a full disclosure of their finances. This includes income, assets, liabilities, and future financial needs. 

• Mediation

Before heading to court, consider mediation. It’s a less confrontational way of resolving disputes and coming to a financial arrangement that suits both parties. 

• Legal Advice

Engage with a solicitor who specializes in family law. They can guide you through the process, helping ensure your claim is strong and valid. 

• Apply to the Court

If an agreement cannot be reached, you can apply to the court for a financial order. The court will then consider both parties’ needs and resources before making a decision. 

• Regular Review

Circumstances change. Therefore, it’s good practice to review spousal maintenance agreements periodically. 

If you’re at the crossroads of making a claim, book a free initial consultation with our Family Law solicitors at Anthony Gold to navigate the process efficiently. 

How can I reach an agreement on spousal maintenance payments with my Ex if they refuse to pay?

Refusal to adhere to spousal maintenance agreements or court orders can be stressful and challenging. It’s essential to address this situation legally and constructively. 

Here are ten effective methods to reach an agreement or remedy the situation: 

• Open Dialogue

Begin by discussing concerns with your ex-spouse. Sometimes, misunderstandings or temporary financial hardships might be the cause of non-payment.

• Mediation

Consider mediation as a neutral platform where both parties can discuss and find common ground with the assistance of a professional mediator.

• Seek Legal Counsel

Engage with a solicitor to understand your rights and explore the best course of action. The Family Law team at Anthony Gold can offer guidance.

• Review Existing Agreement

If circumstances have significantly changed since the initial agreement, it may be time to review and adjust the terms accordingly.

• Use Collaborative Law

This process involves both parties and their solicitors working cooperatively to find a solution without resorting to court action.

• Enforcement Through Court

If your ex-spouse continues to default, you can apply to the court to enforce the order.

• Seek an Attachment of the Earnings Order

This order directs the payer’s employer to deduct the maintenance amount directly from the payer’s wages.

• Charging Order

If your ex-spouse has assets, a charging order can be placed on their property, ensuring payment from the sale proceeds.

• Consider A Third-party Debt Order

This order can freeze funds in the payer’s bank account to cover the maintenance owed.

• Seek a Standing Order

Set up a standing order for maintenance payments to ensure they’re made regularly and on time.

When facing non-payment, it’s vital to act promptly to ensure you receive what you’re entitled to while also considering the payer’s circumstances. 

Navigate through the complexities of agreeing on finances and assets post-separation with our comprehensive resources.
 

Understanding clean breaks

A clean break is a legal agreement where both parties agree to sever all financial ties with each other, effectively ensuring that neither party can make any future financial claim against the other. 

• Finality

It provides both parties with certainty and clarity about their financial situation post-divorce.

• Not Always Possible

While it’s often desirable, not all couples can achieve a clean break, especially if there’s a significant disparity in incomes or capital is insufficient. 

Paying a lump sum to get a clean break

Instead of ongoing maintenance payments, sometimes one party might pay a lump sum to the other to achieve a clean break: 

• One-time Payment

This is a single, agreed-upon amount that one party pays to the other, ensuring no future maintenance claims. This does not include child maintenance claims which are not covered by a clean break.

• Advantages

It provides finality, reduces administrative efforts, and helps both parties move on without financial entanglements. 

• Calculation

The lump sum is carefully calculated, considering factors like the recipient’s needs, the payer’s ability to provide, and the standard of living enjoyed during the marriage. If you’re curious about how assets and finances can be agreed upon, our insights on agreeing finance and assets post-separation can be invaluable. 

Ensuring spousal maintenance payments

Securing the future for both parties, post-separation is crucial. Here’s what you need to know about ensuring spousal maintenance: 

• Purpose

Insurance acts as a safety net. Should the payer unexpectedly pass away or suffer a serious illness rendering them unable to pay, the insurance can ensure that the recipient still receives their due support. 

• Types of Insurance

Life insurance policies or critical illness cover can be tailored to cover spousal maintenance amounts. They can be set up to mirror the term and amount of the maintenance obligation. 

• Peace of Mind

Insurance provides reassurance to the receiving party that their financial support is safeguarded against unforeseen circumstances. For detailed guidance on these provisions, refer to our insights on agreeing finance and assets. 

Navigating the intricacies of spousal maintenance can be daunting. It’s a topic that intertwines personal sentiments with legal obligations. At Anthony Gold Solicitors, our objective is to support, guide, and empower you throughout this process.

Our dedicated team understands the sensitivities and complexities involved. If you’re navigating these waters or foresee such a scenario, don’t hesitate to reach out.

We offer a 20-minute free initial consultation to help you get started. Let’s secure a brighter, informed future for you.