Interim Maintenance

Interim Maintenance is a crucial aspect of family law that ensures adequate financial support is provided whilst legal proceedings are ongoing. There are many nuances to interim maintenance that can significantly impact the level of maintenance paid.

What is interim maintenance?

Interim Maintenance is the temporary financial support that is sometimes provided by one spouse to another whilst a divorce is being progressed. It is also sometimes referred to as interim periodical payments and maintenance pending suit. This support can often be essential to cover the necessary core expenses of a spouse until a final settlement is agreed and the divorce concluded.

The level of interim maintenance to be paid is typically agreed between a husband and wife. If it cannot be agreed, and provided divorce proceedings have already been commenced, an application can be made to court for an interim maintenance order.

The main purpose of interim maintenance is to prevent financial hardship and to ensure that basic expenses can be met whilst the divorce is ongoing. This temporary support can be a lifeline for those who need it. Its payment ensures bills don’t fall into arrears and credit scores aren’t affected.

Court Considerations

Courts consider a limited number of factors when determining whether interim maintenance should be paid, and if so, at what level. The main consideration is what is reasonable/fair. This is routinely considered through an examination of the income and outgoings of both spouses. The person in need of the maintenance should be able to demonstrate a shortfall of their core outgoings as against income – usually by reference to an interim maintenance budget. Their standard of living whilst they were married can be a factor, however not necessarily to the point of replicating it. The interim maintenance sought can include school fees but would not include legal costs, which are dealt with through a separate application process.

Spouse Considerations

The spouse’s circumstances are then considered to understand their ability to pay the sums sought, and the degree to which they have a surplus income as against their own core expenses. If both spouses are running at a deficit, it can be necessary to explore more creative solutions that will bridge the financial gap until the divorce concludes.

It is not a permanent solution, but a temporary measure to provide financial stability during a divorce. It is subject to change based on a couple’s evolving circumstances. That change can be brought about by renegotiating the terms or applying to the court to vary them.

Once the final settlement is reached, interim maintenance can be replaced by a longer-term maintenance provision or an income clean break, meaning that maintenance is no longer paid.

The court can, on hearing the full financial remedy application, make a capital adjustment to the final order if the interim assessment turns out, on a more detailed analysis, to be unfair – either too high or too low.

How to apply for interim maintenance

Applying for interim maintenance requires the filing of a formal application with the court. If financial disclosure through the completion of Forms E has not already been provided, the application should include detailed information about the applicant’s financial situation. The respondent to such an application should provide their own evidence in reply – again, if they have not already themselves provided a detailed Form E. The disclosure provided by both spouses needs to be full and frank.

A court hearing will next be listed at which both parties can present their arguments. It is not usually necessary for either spouse to provide oral evidence. The court will make an order dealing with the payment of interim maintenance at that hearing. Any prior orders will cease to have effect.

How Stephens Scown can help with interim maintenance

At Stephens Scown, we understand the importance of getting the level of interim maintenance right. By doing so, we look to ensure it does not become a distraction, undermining progression of the wider financial settlement.

Our team will work closely with you to undertake a comprehensive review of your relevant income and outgoings and advise on the appropriate figure to seek/offer, and how to build the case in support of it. The courts will apply very clear and defining principles to the payment of interim maintenance and we can take you through these and apply them to your case.

We would routinely seek to engage with your spouse or their solicitor without the need for a court application. Doing so can often result in a quicker and less contentious resolution, allowing you to focus on moving forward with your divorce. If the level cannot be agreed, we will represent you at court.

If you are respondent to an application, our team will advise on the merits of your spouse’s claim and the appropriate position to take, again, having regard to the factors applied by the court.

Whether you are seeking interim maintenance for yourself or your children, or are being asked to pay it, we provide the clarity, advice and representation you require to simplify the process. Speak to our team today by phone:0345 450 5558 or by email:enquiries@stephens-scown.co.uk

Our expert team

Stephens Scown has a proven track record of successfully handling interim maintenance cases at every level. Our knowledge of the underlying rules and the courts’ preferred approach enable us to provide the specific advice you need and lock in the necessary payments at the right level.

The process of making and responding to offers and applications can be complex and emotionally challenging. It is important and incredibly worthwhile to seek specialist legal advice to navigate the process. Proceeding without that advice risks creating a precedent of interim maintenance being paid at the wrong level, which can negatively impact the eventual final financial order.

Our specialist family solicitors are recognised in Legal 500 and Chambers and Partners for their expertise in family finance issues and our ability to provide high level advice and representation for our clients.