The process of divorce and separation can be one of the most traumatic and unsettling that we ever experience. Even an amicable divorce can be profoundly sad and challenging to manage, but where a breakdown of a marriage leads to acrimony and disputes, this can be stressful to negotiate on top of the emotional turmoil of a marriage ending.
Spousal maintenance can be an important element of the divorce process. It is a financial arrangement made between a divorcing couple whereby one party provides financial support to the other, often on a monthly basis. The intention is for the maintenance payment to cover living expenses and to maintain a standard of living for all parties, particularly where there is a disparity in earning potential.
The challenges presented when arranging spousal maintenance
The amount of spousal maintenance the spouse has to pay, and for how long they have to pay it, will depend on various different circumstances. However, such financial issues are regularly the cause of the most acrimony during a divorce and separation.
The marriage breakdown may have been inevitable and relatively calm, but money can be a divisive factor which brings out different characteristics in people. In addition, the ongoing nature of making such monthly financial arrangements during and after a divorce, can be mentally exhausting and can impact on the emotional stability of both parties, particularly if this extends to formal court proceedings.
Negotiating finances can feel overwhelming on top of the simultaneous process of navigating a divorce, so it is important that you secure good legal advice at an early stage. This will reduce the mental burden on you, support you in understanding the options available to you and provide clarity on how the process will develop and be resolved.
How spousal maintenance works
The Matrimonial Causes Act 1973 and prevailing case law govern how spousal maintenance is agreed upon. The law focusses on meeting each party’s needs, and particularly needs referrable to the marriage. Courts are able to exercise a wide degree of discretion when considering the appropriateness of spousal maintenance, based on the specific circumstances of both the likely payer and recipient. The court will want to understand:
- The financial needs of each party;
- The earning capacity, and potential earning capacity of each party;
- The age and health of each party;
- The length of the marriage, and the standard of living during the marriage; and
- What each partner has contributed to the marriage in terms of finance, property and other assets, but also in terms of looking after the home and raising children.
An agreed spousal maintenance payment can be paid as a lump sum (we refer to this as capitalising spousal maintenance) or is paid monthly, for a defined period.
Spousal maintenance can be divisive in divorces. Whilst one party is likely to focus on achieving a clean break (with no spousal maintenance) the other may fear that the only way to meet their ongoing needs is with monthly spousal maintenance.
How making financial arrangements can cause stress and anxiety for divorcing couples
The aim of spousal maintenance is to ensure both partners are able to live and support themselves independently, and in a manner preferable to the previous standard of living during the marriage. For the party receiving spousal maintenance it can be psychologically hard to adapt to new living arrangements, particularly if during the marriage there was the belief or perception that there was no limit on monthly spending.
The longer a marriage has lasted, the harder this could be to cope with. This will inevitably require a different approach to spending and budgeting. A relationship breakdown can trigger depression and anxiety in a person, but the challenges of managing finances (for you and your family) can compound this situation.
For the party paying spousal maintenance there will likely also be challenges. Spousal maintenance payments can often stretch finances and seriously impact disposable income.
For both parties, such payments can significantly affect their sense of security and fears about longer term financial security. Compounded with the wider stress and heartache of the divorce process, parties may struggle even further with decision making which can inadvertently:
- Elongate the process;
- Complicate negotiations;
- Provide psychological barriers and obstacles; and
- Increase the costs of divorce.
All this can result in further acrimony and complexity when attempting to agree financial arrangements.
How to manage your mental health in the divorce process
It is widely accepted that the process of divorce and separation is one of the most mentally challenging periods we can go through. In addition to seeking support from your network of family, friends, professionals (including therapists and coaches) and prioritising selfcare, it is essential to consider appropriate legal safeguards. This will remove considerable burden from the process, but also ensures you receive a fair outcome, whichever party you are in the divorce process.
Professional legal representation during divorce and separation achieves a fair outcome for both parties, which ultimately, will ensure the financial welfare of the entire family is secured. Appointing experienced divorce and separation solicitors at an early stage is therefore essential in managing your mental health during this process. This will help by:
- Understanding your legal rights and the complexities of the legal process;
- Negotiating a fair spousal maintenance agreement which will help you build financially secure foundations for a life post-divorce;
- Provide access to professional support in managing your mental health; and
- Provide access to the mediation process, with the aim of resolving conflict amicably and fairly, and avoiding the stress and anxiety of formal court proceedings.
If you are involved in divorce proceedings and require professional legal support in making spousal maintenance arrangements, or for managing your mental health during the divorce and separation process, contact our experts at Consilia Legal today.