Spousal maintenance solicitors

Spousal maintenance is ongoing financial support paid by one former spouse or civil partner to the other after the marriage or partnership ends. Rushton Family Law advises both those who will be paying maintenance and those who will be receiving it, on whether it is appropriate, how much, and for how long.

Spousal maintenance at a glance

  • Spousal maintenance is ongoing support paid by one former spouse or civil partner to the other.
  • There’s no fixed formula. It depends on both incomes, needs and the wider settlement.
  • It’s often paid for a fixed term, though some orders last longer.
  • It can sometimes be replaced with a single lump sum, giving a clean break.
  • Payments stop if the receiving spouse remarries or enters a new civil partnership.


Book my free consultation

Specialist Divorce and Family Lawyers

Rushton provides discreet representation for divorce, financial settlements, and arrangements for children. We treat every case with the care it deserves, without losing sight of what actually needs to get done.

Contact us

When it really matters


Getting advice on spousal maintenance

We start by looking at both incomes and how they are made up, including salary, bonuses, dividends and investment income. We then look at what each of you will realistically need after the separation, and at earning capacity, particularly where one of you has stepped back from work to care for children or support the other’s career.

From there, we will give you a view of what a reasonable maintenance arrangement looks like in your circumstances, and how it fits with the wider settlement.

How spousal maintenance is decided

There is no formula. The court looks at each person’s income, earning capacity and needs, the standard of living during the marriage, the length of the marriage, and the contributions each of you has made. It must also consider whether a clean break, with no ongoing payments, is possible.

Where maintenance is appropriate, it can be paid for a fixed term, to give the receiving spouse time to adjust, or in some cases for longer. Variable income such as bonuses can be dealt with separately from the base figure.

Lump sum and clean break alternatives

Ongoing payments are not the only option. Maintenance can sometimes be capitalised into a single lump sum, so that both of you can move on without a continuing financial tie. We advise on whether that is achievable and what it would cost.

Maintenance while the divorce is ongoing

If you need financial support before the settlement is finalised, an interim order may be available.

Our Team

Our team of specialist family solicitors offer expert advice in proportion to what’s at stake for you. We advise on all areas of family law and bring the same care and high standard to every family we work with.

Amie Pine

Partner - Divorce & Family

Emma Shortland

Associate

Ella Perry

Assistant Solicitor

Samantha Patel

Legal Support Assistant

Reviews and testimonials

Firstly, Amie Pine. This particular solicitor is an absolute master of her craft. She's knowledgeable, caring, understandable, professional and always one step ahead

The second person I would like to mention in my review is Emma Shortland. Her knowledge of the law is incredible. Please don't let her age put you off, as upon those very young shoulders is a very wise head.

Amie was brilliant helping me through and managing my divorce financials both professionally and personally, cannot recommend enough, thanks again Amie!

I recently went through a difficult divorce, and I cannot express enough gratitude for the exceptional service provided by my solicitor, Amie Pine.

From the very beginning, Amie provided clear, concise guidance and her expertise, professionalism, and compassion made a significant difference during this challenging time.

Amie was always available to answer my questions, no matter how trivial they seemed, and provided reassurance during the most stressful moments.

Amie was not only a legal advisor but also a pillar of support, helping me navigate the emotional and financial aspects.

Thank you, Amie, for making a difficult time more manageable and for helping me move forward with my life.

Amie Pine has helped me get through a financially and emotionally challenging divorce with great empathy, expert advice and the utmost professionalism.

She is always responsive and worked quickly to ensure the matter progressed despite the other party's delays and unreasonable demands. Thank you Amie - it's been a real pleasure having you represent me.

Nicola and the team are the best support you could ask for at the most difficult of times.

As well as being knowledgeable, forward thinking, organised and hard-working, [Nicola] has empathy and goes above and beyond for her clients.

I feel safer and not alone, knowing that I have Nicola's support - securing her to act for me was a huge weight lifted. No matter what the result, I am confident that she will have secured the best outcome possible.

FAQs

Who pays the bills while we are separating?

There’s no automatic rule, and whoever is named on a bill or the mortgage remains liable to the provider or lender. Most couples agree a temporary arrangement, and if that isn’t possible, the court can order interim maintenance.

What can I do if my spouse is spending money before the settlement?

If assets are being spent or moved to reduce your claim, the court can step in. It can make a freezing injunction, or treat money that has been wasted as if it were still available when dividing the finances.

Is there tax to pay on a divorce settlement?

Possibly. Transfers between spouses are usually free of capital gains tax for a period after separation, but the rules are detailed and timing matters, so we’ll flag where specialist tax advice is needed.

How we work

An experienced family solicitor will run your matter from the first meeting onwards, and you will deal with them directly rather than being passed between members of a team.

Part of their job is to help you decide where your time and money are best spent. In most divorces there are points worth pressing and points that make little difference to the end result, and we will be straightforward with you about which is which.

A lot of matters are resolved through negotiation or mediation, and where that is realistic we will recommend it. Where it is not, because the other side will not engage, or disclosure is incomplete, or the issues are genuinely contested, we will advise you on taking the matter to court and act for you there.

Rushton Family Law is the sister brand of Vardags. If your case involves complex finances or international issues, we will introduce you to the Vardags team.

Book a consultation

Request a confidential call

Please share a few details about your circumstances and one of our specialist family lawyers will contact you at a convenient time. If a telephone call is not suitable, please let us know your preferred method of contact.

Get in touch