Make an enquiry

    Enquiry Form









    Contact

      Enquiry Form






      Supporting Document


      We are welcoming clients back to our offices Find Out More
      FJG Solicitors in Essex, Colchester, Chelmsford, London – Fisher Jones Greenwood
      • 0845 543 5700
      • [email protected]
      • Make an enquiry
      • Online Payment
      • Home
      • Services
        • Services for you
          • Advocacy
          • Civil & Commercial Disputes
          • Clinical and Medical Negligence
          • Conveyancing
          • Employment Law
          • Family Law
          • Children Law
          • Immigration & Visas
          • Notary Services
          • Personal Injury
          • Wills, Life Planning & Probate
        • Services for business
          • Academies Portal
          • Agricultural and Rural
          • Business Immigration
          • Commercial Dispute Resolution
          • Commercial Litigation
          • Professional Negligence
          • Commercial Property
          • Construction Law
          • Planning Consultancy
          • Corporate and Commercial
          • Education Services
          • Employment Law
          • Healthcare Services
          • International Services
          • Landlord & Tenant Services
        • Services by sector
          • Agriculture & Estates
          • Care Homes
          • Charities & Social Enterprise
          • Construction
          • Education Law
          • Energy
          • Family Owned Business
          • Healthcare & Dentistry
      • Our people
      • About us
        • CSR
        • Awards
        • Our Vision
        • Accessibility
        • Careers
        • Work Experience
        • Equality & Diversity
        • FLOCC
        • FJG Foundation
        • SAFE Forum
      • News, Events & Insights
      • Blog
      • Podcasts
      • Contact us
        • Colchester
        • Chelmsford
        • Clacton-on-Sea
        • Billericay
        • Braintree
        • Frinton-on-Sea
        • Holland-on-Sea
        • London

      Spousal Periodical Payments and COVID-19, What Do I Need To Know?

      20 May 2020 by Lisa O'Boyle

      Lisa O’Boyle
      spousal maintenance order

      In these unprecedented times, we have seen a disproportionate number of lives affected by the consequences of COVID-19 and lockdown. Whether this is not being able to go to work, working under reduced hours or income, or losing earnings completely, the recent times have proved to be increasingly difficult for many of us.

      Spousal periodical payments (maintenance) orders will have been made assuming that, broadly speaking, people’s circumstances will continue as they have done in the past. As a consequence of the current circumstances, payers may no longer be able to afford to continue paying the spousal periodical payments in accordance with the order, and may be seeking to decrease, or even cease, these payments. Similarly, those receiving spousal maintenance may no longer be able to meet their outgoings and may be seeking to increase spousal periodical payments.

      In any such times, it is vital that you have the best advice and guidance possible, and here at Fisher Jones Greenwood, we are on hand to help and answer your questions.

      Can a spousal maintenance order be changed during the Covid-19 pandemic?

      Either the payer or the payee of spousal maintenance can make an application to the Court for a variation. The Court has the power to increase, decrease, or terminate spousal maintenance orders, either temporarily or permanently. The court has a duty to consider whether it would be appropriate to limit the period for which periodical payments should be paid in future to that period which would enable the payee to adjust without undue hardship.

      On a variation application the Court, having decided what the continuing financial support should be, also has a duty to consider whether the regular periodical payments should be substituted by a capital payment, such as a lump sum, property adjustment order or a pension order, in order to achieve a clean break between the parties. The court also has power to remit any arrears.

      Before making an application it is important to consider that Court proceedings may take 6 to 12 months at which point each spouse’s financial circumstances may have returned to “normal” and the application may be out of date. Further, the costs of making the application may outweigh the benefit that is being sought.

      As can be seen, the wide powers of the court mean that an application for variation of maintenance can have consequences which may be very different from what may have been anticipated at the outset. With this in mind, it’s highly recommended to seek the advice of reputable legal experts to determine the likelihood of your application being accepted.

      What happens if an existing spousal maintenance arrangement cannot be paid?

      First and foremost, the most cordial way to approach a situation where one party is unable to make a payment towards an existing agreement is to address it with your former partner. It is important that you have all of the relevant documentation as evidence as to why making a payment is not possible. For example, should this be as a result of a loss in earnings then you should obtain the necessary documentation from your employer.

      It is worth bearing in mind that Courts are able to use their discretion to prioritise cases where the welfare of a child or children may be impacted.

      Should a discussion with your ex-partner prove to be unsuccessful, or not an option at all, then you should move towards applying for a variation according to the correct legal advice.

      Due to Covid-19 I am on Furlough leave and my earnings reduced, what are my options?

      Again, the most amicable way to resolve a situation where you can’t afford to adhere to your current maintenance plan, is to enter into negotiations with your former spouse around a reduced sum. If, and when, your earnings return to normal, the original plan should be returned to. Do you know you can calculate your earnings with Coronavirus Job Retention Scheme calculator to find out how much you will take home?

      If this refused then a variation should be applied for as per the instructions above.

      Perhaps the most important takeaway when assessing one’s options around Spousal Periodical Payments is the necessity to seek the right legal advice for your case. If you require advice on spousal maintenance or other financial matters in connection with divorce, we have an experienced team of family lawyers who are able to advise and assist you on the best possible approach to take – contact Fisher Jones Greenwood by calling 01206 700113 or email [email protected].

      Find out how the Family Law team at FJG have adapted to working from home.  

      Authors
      Archives
      Subscribe to RSS feed

      Recent Posts

      • Worth the wait
      • What is a section 37 report?
      • What is a section 7 report?
      @FJGSolicitors

      We've had a 5* review from Zoe: Moving home https://t.co/4lbJehtq0g

      7 hours

      RT @MistleyCC: How good did the new T20 kit look on Thursday?! 🔥 A massive thanks to @FJGSolicitors for sponsoring our kit this year! https…

      22 hours

      We've had a 5* review from Nicholas: EXCELLENT ADVICE AND VERY EFFICIENT https://t.co/4lbJehtq0g

      1 day
      Billericay 01277 623132
      Braintree 01376 552828
      Chelmsford 01245 890110
      Colchester 01206 835300
      Clacton 01255 323103
      Frinton 01255 514100
      Holland-on-Sea 01255 818900
      London 08455 435700
      Sudbury 01787 373387
      • Disclaimer
      • Accessibility
      • Terms & Conditions
      • Privacy Policy
      • Cookies
      • Price & Service
      • Signup to our Newsletter
      • COVID-19 Risk Assessment

      Fisher Jones Greenwood is the trading name of Fisher Jones Greenwood LLP, a Limited Liability Partnership authorised and regulated by the Solicitors Regulation Authority and registered in England ( Number: OC305854 ). A list of members is available for inspection at the registered office at Charter Court, Newcomen Way, Colchester Business Park, Colchester, Essex CO4 9YA

      This website uses cookies & data collection

      Our website uses cookies, which are small text files that are placed on your computer by websites that you visit to distinguish you from other users. They are widely used in order to help website owners like us provide you with the best user experience possible. They also provide us with information that can help us improve our websites and marketing activities. By clicking an item or link on this website, you agree to the use of cookies and other data collection.

      Find out more

      We are welcoming clients back to our offices

      Differing tiers and three lockdowns later, Fisher Jones Greenwood Solicitors are now pleased to be able to welcome clients safely back to our offices.

      Remote working and the digitalisation of the way we work, have been key to keeping FJG and the rest of the country going.

      • We are now able to offer, pre-booked face-to-face appointments. Although, we are still able to offer remote appointments if preferred.
      • You can continue to visit our offices at any time to post any correspondence and documents through letterboxes.

      If you are visiting an FJG office, covid-19 safety rules of social distancing, hand sanitization, and the wearing of masks will still apply.

      • Please be aware you will also need to have your temperature taken on arrival.
      • There will also be protective screens in place to protect you and our staff.

      Please do not hesitate to contact your legal adviser by email or by telephone should you have any worries or concerns. Alternatively, please call our main switchboard number (01206 835300), and a message to return your call will be relayed to the relevant person.

      Best wishes
      Paula Cameron
      Managing Partner