Will any payments I make to my spouse while we are separated affect the final settlement?
Not usually. It may be unwise to make excessively large payments to your spouse, as it might be argued that this shows both their need for such payments (or an equivalent transfer of assets) and your ability to pay. Even so, any financial settlement should take into account the longer-term history of the marriage and future financial prospects.On the other hand, if your spouse does need maintenance while you are separated, it would normally be sensible to provide it. Failure to do so is likely to make your spouse more hostile towards you. Your spouse might apply to the court for an interim financial order requiring you to pay an appropriate level of maintenance. Both of these are likely to increase the overall level of acrimony - and costs - in reaching a final agreement.
Related Resources
in the Legal Information Centre
- Does the reason for the divorce make any difference to how the financial settlement is worked out?
- When do we need to agree a financial settlement?
- Will it make any difference if I move out of the family home before we are divorced?
- Are there any precautions I should take, for example to stop my spouse taking cash from our joint account?
