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

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

swap spousal maintenance for clean break

  • Annie66
  • Annie66's Avatar Topic Author
  • Fresh Boarder
  • Fresh Boarder
4 months 2 days ago #512016 by Annie66
Hi, my ex has defaulted on maintenance and, even though I have filed a D50K, I want to look at all options as I have no doubt he will default again at some stage in the future. I have 2 questions:
1/ One option mentioned to me is that I could change the spousal maintenance into a clean break as he now has enough assets to do so.
I am also told that there is a calculator to work this out. Where can I find this?
2/ can one file a D50K more than once?
Guidance would be much appreciated.

Please Log in or Create an account to join the conversation.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Boarder
  • Platinum Boarder
1 month 4 weeks ago #512740 by LittleMrMike
Replied by LittleMrMike on topic swap spousal maintenance for clean break
Yes, there is, of sorts. It's called a Duxbury table, after the case where it was first used. It's designed to work out what capital sum would be required, if you were to invest it, to produce the same income over the
life of the maintenance order.

UNFORTUNATELY, I haven't got one. I think you need to consult a
solicitor or solicitors who specialise in divorce law - preferably members of Resolution - who may be able to tell you, perhaps for a fee, perhaps not.

Your average High Street solicitor wouldn't have one.


Please Log in or Create an account to join the conversation.

  • alreid1612
  • alreid1612's Avatar
  • Expert Boarder
  • Expert Boarder
1 month 2 weeks ago #512922 by alreid1612
Replied by alreid1612 on topic swap spousal maintenance for clean break
Yes Duxbury tables although some they are now a bit outdated. They take into account your gender, age and the amount of spousal maintenance. I assume you have a joint lives order. There is a danger in going back to court that your ex would argue that it should be changed to term but that depends on a number of factors.

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11