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Spousal Maintenance

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This very informative article was written by LittleMrMike.

This article was revised in May 2016 and the law is as stated on that date. It applies solely to England and Wales.

Segal order, the orders history and how they work.

How long will I receive Spousal Maintenance for?

This will depend on the length of the marriage and whether or not there are children. If the marriage is short and there are no children, no maintenance may be payable. There would often be a clean break after a readjustment of capital assets in these circumstance.

Do I qualify for Spousal Maintenance?

The court will order Spousal Maintenance to be paid by one party to the other if it feels that such periodical payments are necessary to achieve a fair settlement.

Can I take Spousal Maintenance as a lump sum?

Once a spousal maintenance figure has been agreed then it is sometimes possible to also agree to capitalise the spousal maintenance.

This means working out what lump sum figure you should receive instead of the normal periodic payments. The court will consider the size of the monthly payment and the expected period of time that it would be paid for - and come up with a lump sum equivalent.

Of course this is only possible in cases where there are enough assets in the pot for a lump sum payment to be made.

Capitalised Spousal Maintenance would normally imply that there is a clean break.

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