A separation often puts significant strain on a family’s finances. If you rely on your spouse to cover household expenses, you may find yourself in a vulnerable position during the divorce process. Even with the best intentions on both sides, reaching a financial agreement can take time.
Parties are encouraged to maintain the financial status quo, but what happens if that doesn’t occur—or there simply isn’t enough money to go around? How can you afford your life in the meantime?If your spouse stops making payments or refuses to contribute, it is important to apply to the Court swiftly for interim financial support.
When making your application, you will need to address the following questions:
• What are your interim income needs (i.e., what is your budget)?
• To what extent can you meet those needs yourself?
• If there is a shortfall, is it appropriate to ask your spouse to make up the difference?
• If so, what can they reasonably afford to pay?
Different judges take different approaches when determining what interim support should be, and whether it should be provided by your spouse. Some judges require a detailed, itemised interim budget; others adopt a broader approach.
In our experience, where there are ample financial resources, the less critical the judge will be of the budget. Judges are also more likely to make robust assumptions at an interim hearing where there is insufficient financial disclosure.
Is this a subjective approach? Yes.
Is there any other way to deal with this urgently without full financial disclosure? Probably not.
Ultimately, a judge will determine what is fair and reasonable, aiming to avoid a situation where one party experiences a significantly lower standard of living than the other. In the majority of cases, however, — where resources are limited — someone will inevitably feel the financial pressure.
Whether we are acting for the financially dependent or the financially stronger party, we try to encourage maintaining the status quo or agreeing on an interim arrangement until full financial disclosure has taken place. Another option to explore, if you meet certain criteria, is a living expense loan from litigation loan providers such as the Level Group.
An application for interim maintenance is costly, and those funds are often better spent on family expenses. However, for that to happen, both parties must be willing to make financial compromises.