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Spousal Maintenance

Prior to applying for a divorce, it is always recommended that you consult with a solicitor to consider whether you would benefit from a post-nuptial agreement and understand your rights as to the division of assets and financial orders should your relationship breakdown.

 

This may make the process smoother and avoid expensive and time consuming court proceedings. If you have already divorced, it is best to consider if an agreement can be reached on the division of assets and maintenance.

So now you ask, am I entitled to spousal maintenance? Do I need to pay my ex spousal maintenance?

The following issues will be relevant when establishing whether or not you are entitled to spousal maintenance:

 

  • What are your financial needs and income potential?

  • Can your needs be met without the support of your ex-husband or ex-wife?

  • Have you been married for a long time and given up work to support your spouse or family by becoming a home maker?

  • Are you of an age where establishing a career to maintain the lifestyle you are used to would be difficult?

  • Could you be financially better off having a clean break and capital or lump sum payment from your ex?

  • Does your ex have a stable income? Would your maintenance be at risk if they lose their job or die before you?

  • Are you planning to get married in the future?

 

If you get re-married, you would lose your right to spousal maintenance. It is important to take advice from a Family Solicitor as each case's merits will be considered on their own facts.

If you are entitled to spousal maintenance or if your ex agrees to pay this, the next step is to consider how you want to be paid:

 

  • Capitalised spousal maintenance is an option for those interested in having a bigger share of capital assets whilst the breadwinner takes a smaller share.

  • Ongoing spousal maintenance – is an option if you want to be paid monthly as income to cover the living costs.

  • A combination of the two – is also an option.

 

We can advise you on the most suitable option for your circumstances. Our family solicitors regularly deal with cross-border and complex matters. 

 

We also regularly assist Italian expats in the UK with divorce with cross-border Italian English family law issues.

Contact us now to see how we can help you. Our Family lawyers speak Italian, Portuguese, Spanish and Urdu.

E-mail:  hello@stefanisolicitors.com

Calls us on +44 7383 828368 

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