Wealden Times | 189 | November 2017 | Gift supplement inside

Varying Spousal Maintenance
Payments after Divorce
Once the divorce is over and a financial order has been made, life usually becomes
more settled for all concerned.
However, some orders contain a
provision for maintenance for an
ex-spouse, setting out how much is
to be paid and for how long. These
orders reflect the circumstances,
income and expenses of the
parties at the time the order
was made, but what happens if
these circumstances change?
Sometimes an order will provide
for a predictable change in
circumstances and include an
automatic reduction or increase
in the amount payable, but all
sorts of less predictable events
may occur which may mean that
the level or term of maintenance
needs to be revisited.
When a significant change
in circumstances of either or
both parties occurs, the order
can be reduced, increased or
even terminated, but what does
this involve? If a recipient of
maintenance remarries, the
maintenance order automatically
terminates. However, the situation
is less clear if the recipient moves
in with a partner, as although
that rarely terminates an order,
it usually results in a reduction
in the amount payable.
Where the change is to the
finances of either party, then as
long as the change is significant,
the payments can be reconsidered,
taking into account the current
income and expenses of the
parties. However this assumes
that both parties know about
the change in circumstances and
often an improvement in finances
only becomes apparent from a
change in lifestyle, for example
a new car or frequent holidays.
Obviously it is always better to
try to agree whether and how
the order should be varied and if
agreement can be reached, the
order can then be amended to
reflect the agreed change. If an
agreement cannot be reached,
then different options are
available to help to resolve the
situation including mediation and
collaborative law (both of which
avoid the need to involve the
court), arbitration (essentially
where a private Judge appointed
by the parties, decides the issue)
or issuing a court application.
If you would like further advice we
offer a free 30-minute meeting.
Please contact our team secretary
Kaila Reid on T: 01892 502 335
or E: kreid@bussmurton.co.uk
and quote ‘Wealden Times’
Please get in touch with our Family team who will be happy to help.
Melanie den Brinker Margaret Evans Julie Taylor Kristy Underwood Lora Grogan
www.bussmurton.co.uk T: 01892 510 222
TUNBRIDGE WELLS | CRANBROOK | EAST GRINSTEAD | DARTFORD
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