What is permanent spousal maintenance?

Unlike temporary alimony, which is paid to help the supported spouse meet expenses during the divorce, permanent alimony is granted in order to place the supported spouse at or near the “marital standard of living” (the financial standard of living established during the marriage) after the divorce.

How long does spousal maintenance go for?

Spousal maintenance can be paid in a lump sum, or in periodic amounts, until a further order of the court, or for 3 years until a party completes a period of further training.

How does spousal maintenance work in a divorce?

Spousal maintenance is maintenance that is paid by a husband or a wife to their former spouse following a divorce. It is different to child maintenance. Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties’ life (known as a “joint lives order”).

When does spousal maintenance on a joint lives basis end?

However, spousal maintenance on a joint lives basis is increasingly rare as the court’s objective is that there be a transition to independence for the receiving spouse. Spousal maintenance ends if the recipient remarries or if either party dies.

Can a spousal maintenance order be suspended while out of work?

In these circumstances the payer of the maintenance should advise their former spouse to reach an agreement. In some circumstances it may be necessary to apply to the court for a suspension of the maintenance order whilst the payer remains out of work.

When does a court not award spousal maintenance?

A court will not award maintenance in cases where the woman is young, well qualified, has no children or no young children, has worked through all her married life and is in good health, and where the marriage was not of long duration.

Do you still have to pay spousal maintenance if you live with new partner?

It may be varied or dismissed by the courts on a change in circumstances. My former spouse, the recipient of maintenance, is now living with a new partner – do I still have to pay them maintenance? Spousal maintenance does not automatically end on cohabitation of the recipient, although some court orders provide for this.

How does a court decide on spousal maintenance?

There is a two-step inquiry process: 1) Whether one spouse is entitled to spousal maintenance; the element of “entitlement.” In making this determination, the court considers only the circumstances of the requesting spouse. If a spouse satisfies at least one of the conditions of entitlement.

When does spousal maintenance end in cohabitation?

Spousal maintenance does not automatically end on cohabitation of the recipient, although some court orders provide for this. Cohabitation is much more uncertain than marriage and cohabitants do not have the same financial claims against one another in the event of relationship breakdown.