Spousal maintenance

Rodney Hylton- Potts, leading family lawyers said:

Court rulings have seen an increased focus on needs as the prevailing factor when quantifying such payments. There has been a move towards term orders and away from joint lives orders.

Statutory provision

By section 25A of the Matrimonial Causes Act 1973, when making a final order, it is the duty of the judge to consider whether it would be appropriate to impose a clean break, as soon as it just and reasonable. Also judge shall consider whether those payments should be made for a limited term which would be sufficient for the recipient to adjust without undue hardship at the end of that term.

Application of section 25A

If the applicant, typically the wife, has had a child, the judge has to consider what effect the need to care for any minor children would have on the earning capacity of the wife.
The judge has to form an opinion not only that the wife will adjust, but also that she will have adjusted within the term fixed. If there is uncertainty about the appropriate length of the term, the proper course is to impose no term but to place the onus upon the husband to seek a variation of maintenance

Extension of term orders

A term order for periodical payments made without a specific bar, imposed by the judge, can be extended, but only if the application to extend is made before the expiration of the original order. The Court of Appeal set a high hurdle for the court to order an extension of a term order. It was held that it would be necessary to show ‘exceptional circumstances’ to justify an extension. A successful application to extend is rare in practice.

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