Calculating interim spousal maintenance
08 April 2011
The Wife sought Interim Spousal Maintenance; this is maintenance over and above the child maintenance paid by one spouse to another to help with the household bills. We put an argument forward that the Wife could not have it both ways, either she could afford to live in the property or she couldn’t; if she couldn’t afford to live in the property then it would need to be sold. In any event after we had challenged her outgoings and reduced them to what the Court is likely to consider a reasonable amount, there was no shortfall between her income from all sources (including benefits and child maintenance) and what we believed to be her reasonable outgoings. Her claim for Interim Spousal Maintenance therefore failed at the first hurdle. We then used the client’s application for Interim Spousal Maintenance in submissions supporting our argument as to why the former matrimonial home should be sold. The Judge accepted our argument that the Wife could rehouse more modestly and ordered an immediate sale of the property. This meant that our client was removed from the mortgage upon the sale of the property and this enabled him to purchase his own property and get his own mortgage.