A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


can he claim spousal maintenance from me?

  • paperbackwriter
  • paperbackwriter's Avatar Posted by
  • Junior Member
  • Junior Member
More
25 Sep 07 #3903 by paperbackwriter
Topic started by paperbackwriter
Hello,

I have a question that I hope someone can help me with - I won't hold anybody to the answers, it's really to give me an idea of what to expect...

Ok, I earn about £34,000. STBX earns about £12,500 -his salary however will increase to about £25000 over the next three years as he's currently training.

Anyway, the marital home (our only asset) is on the market, and once all the debts and fees and things are paid off, it should leave him with about £40,000 and me with about £27,000 on a 60:40 split in his favour...We don't have children so there's no worry about that.

So my question is, with forty grand in the bank can he still claim spousal maintenance from me just because my salary is higher than his?

thanks very much!

Paperback

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
25 Sep 07 #3917 by LittleMrMike
Reply from LittleMrMike
You have omitted to mention two pieces of information which could be important ; your ages and the length of the marriage.

If you can tell me this I can comment further ; but on the basis of what you say, madam, my guess would be that a spousal maintenance order would be made but the Court would be likely to put a time limit on it., as there is a strong presumption of a Clean Break where the parties are relatvely young and have no children. What I am talking about is a clean break but deferred till a few years down the line.

Such a limited order can be extended as long as an application is made before the order runs out. It is not easy to get an extension unless the circumstances are exceptional, for example if your x2b was seriously injured and unable to earn a living. The Court has the power to order that no application for an extension can be made. You asked for my guess, and that is it !

Mike 100468

  • paperbackwriter
  • paperbackwriter's Avatar Posted by
  • Junior Member
  • Junior Member
More
26 Sep 07 #3949 by paperbackwriter
Reply from paperbackwriter
thank you Mike,

I'm 27 he's 39 and we were married for five years...

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
26 Sep 07 #3967 by LittleMrMike
Reply from LittleMrMike
Thanks for that. on the whole I think my advice would be unchanged

Mike

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.