A maintenance pending suit is made when one spouse requires payments from another, during divorce proceedings, before the divorce has been settled. These payments are often called ‘interim maintenance’ or ‘interim periodical payments’ too.
The payments are usually made monthly and they are to support one party with their day-to-day living expenses before the final divorce settlement has been agreed upon. It’s important to note that a maintenance pending suit is not meant to meet the needs of any children either, it is only intended for the living expenses of the spouse.
The Court will decide whether or not an MPS is appropriate. If they deem it is, they will then decide the level of payment they feel is appropriate. The Court will also consider the payer’s ability to make the payments. If they feel the payer does not have sufficient income, the MPS is unlikely to go ahead.
The Pros and Cons of A Maintenance Pending Suit
- Pros: If successful, the applicant (the person who will be paid the money) will be in a more stable financial situation, whilst the divorce progresses. The MPS will also, most likely, help the overall case, as it adds to the context of the financial settlement.
- Cons: If the Court deems the MPS inappropriate, there is the possibility that the applicant (the person applying for the MPS) might need to cover the other party’s legal fees. There is also the chance that an MPS will lead to more acrimony between the parties, which can decrease the chances of achieving an out-of-court settlement.
Contact Fitz Solicitors for Help With A Maintenance Pending Suit
The family law team at Fitz has extensive experience in dealing with the divorce process to ensure that it runs smoothly. We assist our clients in all relevant stages, from commencing or responding to divorce proceedings right up to application for the decree absolute.
If you would like help navigating the maintenance pending suit, get in touch with our expert divorce lawyers.