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spousal maintenence even after absolute??

  • honeysuckle
  • honeysuckle's Avatar Posted by
  • Junior Member
  • Junior Member
08 Oct 07 #4445 by honeysuckle
Topic started by honeysuckle
Absolute came through 2 weeks ago, separated 3 years, finances divided under a Separation Agreement 18 months ago.
assets /liabilities were at time of separtion agreement;
£100k equity in house
His pension CETV 45k
mine 10k
his salary 27k full time
mine 6k 16 hrs a week
married 10 years
2 kids (7&4)
£5k loan in his name
£3k loan in my name
savings in my name under a comapny share scheme 3k
pay off from a compensation claim pending for him £4k
I received a chq for 68k from house sale which i put towards my new house, he has spent all of his on ???
i have a large mtge.
he paid me £300 a month child support(which was in the agreement) he has now reduced 1t to £270.
Am i entitled to spousal maintenance, even though all this was divded up a while ago, I am not co habiting with anyone else, and looking at the Divorce Calculator the 70/30 split should have included the pension and not just the equity.

  • Fiona
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  • Platinum Member
  • Platinum Member
09 Oct 07 #4533 by Fiona
Reply from Fiona
Unfair separation agreements can be changed. What you need to know though is pensions aren't treated in the same way as realisable assets and, depending on factors such as how near you both are to retirement, might only be considered at a fraction of their CETV.

Spousal maintenance is awarded according to your need and your ex's ability to pay. What needs consideration here is his income is less than average and by the time all deductions have been made to his earnings and CTC, WFTC, CB and CM are added to yours the discrepancy might not be all that great.

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