For couples going through separation and divorce, finances can become a concern. Individuals who need financial support can apply to the Court for interim maintenance payments, also known as maintenance pending suit.
Separation is a stressful and uncertain time for many, particularly where there are likely to be changes to the parties’ respective financial circumstances. One key concern is where a spouse is in need of financial support in the period between separation and their divorce being finalised.
It is not uncommon for the bread-wining spouse to be unwilling or reluctant to continue to support their spouse post-separation, despite this sometimes leaving them in a precarious position, unable to pay for reasonable outgoings. In these circumstances, it may be possible for spouse in need of financial support to apply to the Court for interim maintenance (also referred to as maintenance pending suit).
How to apply for interim maintenance payments
A maintenance pending suit order will place an obligation on one spouse to make payments to the other, until the divorce is finalised or a further order is made.
The starting point is to assess:
- What each party’s monthly income is to include any state benefits and/or child maintenance (if there is scope to increase income through employment or state benefits this should be applied for to maximise available income streams);
- What amount of money is needed to meet reasonable needs (i.e. what is the shortfall between income and reasonable outgoings); and
- If the other spouse can afford to pay interim maintenance after paying for their own reasonable outgoings.
If interim maintenance is appropriate and it cannot be agreed informally between the parties, an application can be made to the Court. This can only be done at the same time or after the divorce petition has been filed with the Court.
Interim maintenance Court process
The court will determine whether interim maintenance should be paid, the amount and duration of any payments. Whoever makes the application is known as the “applicant” and the other spouse is known as the “respondent”.
The court can also decide whether it is appropriate for an order to be made for one party to pay the legal costs of the other.
Both parties will be asked to submit a detailed breakdown of their monthly income and monthly income needs such as mortgage repayments, household expenses and costs of day-to-day living. As this is an interim order the application is assessed on basic needs, not the long-term budget of the applicant. Any order made only lasts until the financial proceedings are concluded. The maintenance pending suit order can in some circumstances be backdated to the date on which the divorce petition was lodged.
When will the order end?
Once the financial issues have been resolved (whether by agreement or at a final hearing where a judge will impose a decision) part of that resolution will involve a final adjustment of the finances ensuring that, where possible, needs are met in the longer term. At this stage any interim maintenance order will come to an end.
If ongoing maintenance is required this will take place in the form of Spousal Maintenance Payments, which continue after the divorce has been finalised.
The decision whether to apply for interim maintenance requires careful thought, particularly as there is the possibility of a cost order. It is therefore important to take legal advice from expert solicitors to help you navigate the application and prevent you doing anything that may prejudice your position.
For more information on interim maintenance payments, please see another article here.