Variation applications for spousal maintenance

Spousal maintenance – where one spouse pays the other a regular sum of money from their income following separation or divorce – is designed to help the lower-earning spouse maintain a standard of living comparable to that enjoyed during the marriage. 

However, life changes constantly, and there may be several reasons why you might need to amend or vary maintenance payments:

• A change in income
• Cohabiting with or marrying a new partner
• Changes in the receiving party’s needs
• Illness or disability affecting either party’s ability to work

If you are willing to compromise and communicate openly with your ex-spouse, you may be able to reach an amicable agreement without the need for legal intervention. 

Should this approach be unfeasible, however, a neutral third-party mediator can be a cost-effective way of helping you reach a solution that both you and your ex-spouse can accept.

If all else fails, you can apply to the court to vary orders for spousal maintenance under Section 31 of the Matrimonial Causes Act 1973.

The court will consider your needs, financial situations, and any significant changes in circumstances since the original order was made. 

Make sure you can provide all your relevant financial documents and clear documentation of any changes in circumstances that justify the variation (such as medical reports, letters from employers, or evidence of changes in living arrangements).

Robust evidence to support your case will increase the likelihood of a favourable outcome.

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