Divorce: What is Interim Maintenance?

The breakdown of a relationship can be a difficult period for all involved. However, it can be especially difficult where one spouse has been reliant on the other spouse during the marriage to meet their financial needs.

There are also circumstances where economic abuse, or other forms of domestic abuse, may have occurred which often results in some spouses have limited or no access to any of their own money even during the relationship.

This can often lead to situations where the financially weaker spouse is unable to support themselves if their former partner removes some, or all, financial support following the breakdown of the relationship.

If you are going through a relationship breakdown and are struggling to support yourself, please contact our team of specialist family solicitors who will be able to guide you through the process.

What does the term interim maintenance mean?

Interim maintenance is to provide the financially weaker spouse with financial supporting during the course of negotiating a financial settlement. It can prevent that party from struggling for money and not being able to support themselves. This helps maintain the status quo whilst a final settlement is being negotiated, which can reduce animosity and allow negotiations to proceed more smoothly. This maintenance is usually provided by a bank transfer, but it can include the continual use of joint credit card.

Does interim maintenance automatically lead to maintenance after the divorce?

The receiving spouse is not guaranteed to receive further financial support often known as spousal maintenance, in any final financial settlement. Depending on the circumstances of the case, it may not be appropriate for maintenance to continue. For example, a clean break may be achievable, or the receiving partner can improve their earnings negating the need for maintenance.

The purpose of interim maintenance is to provide a short term solution during the period between separation and a final financial settlement being achieved. Interim maintenance is also separate to child maintenance, interim maintenance is for the spouse only and does not generally take into account the financial needs of the children.

Can it be agreed or does a court have to order it?

Whilst there is no duty for the financially stronger party to provide interim maintenance, it is often advisable for them to continue with a level of support in order to maintain the status quo. This will usually help negotiations proceed more amicably and prevents the need to spend money at court deciding the issue.

In the event such interim maintenance is not forthcoming, or if the level of support cannot be agreed, the weaker financial party can apply to court for an order for maintenance. However, the party applying for the maintenance must be the one to prove there is a need for it. They will usually be expected to provide a statement explaining why interim maintenance is necessary and their proposed budget, known as a schedule of outgoings, for the court to consider. The court may also ask them to provide their financial information but if financial disclosure had already occurred in financial remedy proceedings this is often not necessary.

It is worth noting that the court does have the power to backdate the claim to the date the application for interim spousal maintenance was issued. The court will have regard to the standard of living during the relationship but that will be balanced against the paying party’s ability to pay any maintenance.

Cost considerations

If an interim maintenance application is made to the court, the normal rules of the family court in regard to costs do not apply. It is common for the courts to order that the unsuccessful party pays the legal costs of the other. Therefore, anyone considering applying for such orders need to consider whether the costs risk outweighs any potential benefit.

Summary

In situations where a relationship breaks down and there is a clear need for interim maintenance, it is always preferable that this is resolved outside of court. If this is not possible both parties need to be aware of the potential risks of going to court on such a matter. In any event, regardless of who is successful in any application for interim maintenance, it will lead to them incurring avoidable legal costs which reduces the available matrimonial pot.

Our team at Maguire Family Law can assist with all aspects of a relationship breakdown so please contact us if we are able to assist you further.