Spousal maintenance – what can i do if my spouse refuses to pay me maintenance ?

John Hirst
May 2, 2013

In the event of there being a significant disparity of incomes between spouses, it is common for the lower paid spouse to receive interim monthly maintenance (Maintenance Pending Suit) from the higher earning spouse.

The level of such monthly payments depends upon both the reasonable needs of the receiving party and also the ability of the higher paid party to pay. Such payments can be backdated by the court to the date of any earlier divorce petition. It is also possible for the applicant spouse to be able to recover his/her costs of any successful interim maintenance application from the other spouse.

Recently we obtained a court order for interim maintenance on behalf of a wife against her former husband of £2,000 per calendar month, backdated for six months (instantly creating a large lump sum payment for the wife of £12,000) and also an order that the husband should pay the wife’s costs of that successful application.

Occasionally a wealthy spouse with full control of the finances will quite inappropriately try to use that power and control to his/her advantage in a separation/divorce situation and it is very comforting for the other spouse to know and to be reassured that courts will not condone such great unfairness. So please do not despair if your wealthy former spouse unreasonably refuses to pay any maintenance for you at all or alternatively wrongly terminates your maintenance payments.

You need to take urgent legal advice in order to make sure that you are receiving what you deserve and exactly what you are entitled to receive in law.

Here at Laker Legal Solicitors we are specialist Family Law Solicitors with over 30 years experience in practice. See our Family Law Section for more details or contact us . We operate throughout Lancaster, Kendal, Preston, Maidstone, London and their surrounding areas.