Family Law

Finance & Property

Financial Support – maintenance and child support

You may need financial support from your spouse or partner:

• when you become separated
• when you become divorced
• for the children.

Or your partner may be looking to you to provide that financial support.

The law is different for support of a partner or of a child. It is different if it is at the time of separation or after divorce. The legal terms are aliment and periodical allowance. Aliment for a child is decided either by agreement between parents or by the Child Maintenance Service (CMS) which used to be the Child Support Agency (CSA). There are a few exceptions where the court can be asked to make an order – for example where a child is over 16 but still in full time education.

Division of assets and debts on separation

The law also provides for identifying and valuing assets and debts upon separation and dividing these fairly between you both. Some things are excluded such as inheritance, gifts, things you had before you married or obtained after you separated. There are some special circumstances where you might be entitled to more or less than an equal share. Some assets which either of you had before you married, such as pensions or assurance policies can be valued differently. Usually behaviour is not taken into account unless it has unfairly affected the financial circumstances of the couple. The courts tend to look at the circumstances of each family individually which means that what was considered a fair division for one couple may quite different for another.

Family Home

It can be difficult to decide what should happen to the home you shared. You may wish to sell it or to give up the tenancy. You may prefer to transfer the ownership or tenancy to one or other of you. There may be a mortgage to think about: Can you take on the mortgage alone? Who will pay the mortgage meantime? There may be differences about who will live in the house meantime. There are different rules if you are married or live together. If you cohabit in a house owned by your partner alone, then you will have no right to continue to live there upon separation unless you obtain a court order granting you that right. There are different rules if one owns or rents the house or if you do so jointly. You may not be able to sell your home unless your spouse consents or you obtain a court order for sale – even if the house is owned in your sole name. You may wish to continue living in the house together, even although you have separated – or your partner’s behaviour may make that too dangerous and you may be entitled to a court order requiring that your spouse or partner is removed. You may be able to agree what will happen with your home, or you may need to ask the court to decide that.