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can he claim spousal maintenance from me?

  • paperbackwriter
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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
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25 Sep 07 #3917 by LittleMrMike
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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

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26 Sep 07 #3949 by paperbackwriter
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thank you Mike,

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

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26 Sep 07 #3967 by LittleMrMike
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Thanks for that. on the whole I think my advice would be unchanged

Mike

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