The 27-year-old, from Livingston, was on a hen party trip with a group of friends in Benidorm when she fell from the tenth floor of an apartment building in the early hours of Saturday morning.
The exact circumstances of her death are still unknown, but her family, including husband Adam Maxwell, are now believed to be in Spain while police investigations continue.
Joseph Graham, 32, from Nottingham, was arrested by Spanish police on suspicion of murder and spent two nights in a cell, after Mrs Maxwell was found to have been in his apartment just minutes before the incident. He is now believed to have returned home to the UK after being released by Spanish authorities.
Mr Graham said yesterday: “I have been advised by my Spanish lawyer that despite me not being charged with any wrongdoing, the investigation into this tragic accident is still ongoing, and therefore sub-judice that I am unable to say anything at this time other than that I am innocent of any wrongdoing.
“I would therefore ask you to respect my privacy until such time as the authorities have completed their investigations.”
According to Spanish media, Mrs Maxwell had been filmed sleeping by a friend just minutes before she wandered out of their 9th floor apartment just before 8am.
Mrs Maxwell is then understood to have accidentally knocked on the door of the tenth floor apartment, where she was let in by Mr Graham, who was partying with friends.
It has since been reported that police are investigating the possibility that Kirsty may have been sleepwalking when she plunged from the balcony at the Apartamentos Payma.
Her body was discovered close to the swimming pool.
Mrs Maxwell had been married for a matter of months, having wed in September last year. The couple had recently sold their Almondvale flat to move into their first family home with their pet dog.
Tributes are continuing to pour in on social media and a fundraising page set up by Mrs Maxwell’s friend, Carolynn Simpson, has almost hit £30,000. It was created with the initial target of £10,000 – enough to allow her family to bring her body home to Livingston to have her cremated.
Annette Fleming wrote on the page: “My heart is breaking for the whole family.
“I’ve known Kirsty for over 20 years and she was one of the most beautiful girls ever.”