When a couple divorces, the financial settlement often includes arrangements for ongoing support – known as maintenance. While many people are familiar with child maintenance or spousal maintenance, there is another option: global maintenance.
But what exactly is it and when is it used?
In this article, we’ll explain what global maintenance means in a UK divorce, how it differs from other types of financial support and how the courts decide when it’s appropriate. Read on to learn more about global maintenance and how to claim a free 30 minute consultation with a family law solicitor.
What is global maintenance?
Global maintenance is a single, combined maintenance payment that covers both spousal maintenance and child maintenance. Instead of separating these two types of financial support, the court awards one global figure, allowing the recipient to allocate the money as needed.
This approach can simplify the financial arrangements between divorcing couples, particularly when their finances are closely linked or when the payer prefers a streamlined payment structure.
How does global maintenance differ from other maintenance?
To understand how global maintenance works, it’s useful to compare it to other types of maintenance:
- Spousal maintenance: Paid by one ex-spouse to the other for their own living expenses. It may be awarded if one party cannot financially support themselves after the divorce.
- Child maintenance: Usually paid to the parent who has primary care of the children. It covers the child’s day-to-day needs, such as food, clothing and housing.
With global maintenance, the court does not specify what portion of the payment is for the spouse and what portion is for the child. Instead, it is left to the receiving party to manage the total amount in the way they see fit.
When is global maintenance used in divorce settlements?
Global maintenance is not awarded in every divorce case. It is most commonly used in the following situations:
1. Short-term support for transition
If the financially weaker spouse needs support while they adjust to independence – perhaps retraining for work or re-entering the workforce – global maintenance can offer a practical solution. It provides both child and spousal support in one payment during this transitional period.
2. High net worth divorces
In high net worth divorce cases, separating spousal and child maintenance can sometimes be unnecessarily complex. A global order may be easier to administer, especially when the payer has significant income and can comfortably support both the spouse and children.
3. Reducing disputes over division
By combining the payments into one, global maintenance can help minimise disputes over how much should be paid for each individual purpose. This can be especially helpful in contentious divorces or where there are ongoing disagreements about finances.
What are the benefits of global maintenance?
- Simplicity: One payment instead of two means easier budgeting and fewer disputes.
- Flexibility: The receiving party can use the money based on their actual needs at the time, rather than sticking to fixed categories.
- Privacy: Parties can avoid some of the more detailed financial scrutiny that comes with calculating child and spousal maintenance separately.
What are the drawbacks of global maintenance?
- Lack of clarity: Because the payment isn’t broken down, it can be hard to determine how much is actually intended for child support. This can create complications if child maintenance later needs to be reviewed.
- Potential challenges with enforcement: If one party stops paying, it may be more difficult to enforce the order, particularly if it’s unclear what part relates to child maintenance, which can be enforced through the Child Maintenance Service (CMS).
- Changing circumstances: If the needs of the children or ex-spouse change significantly, the global amount may no longer be appropriate.
Can global maintenance be varied?
Yes, like other types of maintenance, global maintenance orders can be varied if circumstances change significantly. This might include a change in income, employment status or the needs of the children.
However, because the payment isn’t divided into specific categories, the court may need to revisit the original rationale for the global order when deciding how to amend it.
How does no-fault divorce affect maintenance orders?
Since the introduction of no-fault divorce in the UK, couples can now separate without assigning blame. This makes the divorce process less acrimonious and may make it easier for couples to reach agreement on financial arrangements, including maintenance.
However, the principles for awarding global maintenance remain the same: the courts assess financial needs, earning capacity, childcare responsibilities and lifestyle during the marriage.
Get expert legal support on maintenance and financial settlements
Whether you’re seeking or contesting a global maintenance order, our experienced local divorce solicitors in London can help you understand your rights and secure a fair settlement.
We offer a free 30-minute consultation to review your case and explain your options. Contact us today using the form below, call 0203 983 5080 or email [email protected] to speak with one of our experts in family law.
