I have finally heard from my ex2b's sol on the finances. There are lots of questions I need to ask but I will start on the topic of Spousal Maintenance.
I have been paying SM and CM since I left the FMH last November. Her sol sent through the first shot of the finances in Jan 07 to which I responded in April 07. In Jan 07 he said that SM would finish once she had cohabited for 6 months with a further 12 months of nominal maintenance (1p) incase her relationship with her boyfriend failed (cake and eat it, some of my friends have said).
It has now been stated she has been cohabiting for 5 months but they are now asking for SM to finish 9 months after cohabitation commences with nominal for 12 months after that.
What are everyone thoughts as I think this is unreasonable without any explanation and any ideas on what to go back to her sol with
My main thoughts on this would be that, given your much higher earning capacity than hers (from your figures in another post)....you main aim is to get a confirmed end date for SM.
The nightmare for you is that she denies cohabiting (yes she may be admitting it to you now but may suddenly change her tune in the courtroom - leaving you with something tricky to prove).
So rather than worry over whether it is 6mths or 9mths of SM...I reckon the main target for you is to get some kind of agreement in writing.
Get some clear evidence through these negotiations that she is cohabiting.
I personally would jump at the deal (even at 9 mths).
My situation is very similar to yours (in respect of mine and ex's salaries) and i had to give away all of the FMH to get off paying SM. Even then I have 6 years nominal SM. 6 years!!! til my son is 22.
If you are being offered a deal where you can be finally done with both SM and nominal SM within the next year and a half then grab it and move on.
We are currently negotiating and trying not to go to court. Her sol has put it in the latest letter that they are cohabiting so I would like to think this would stand up in court (if we end up there). I was thinking of trying to negotiate the nominal period down by offering to pay SM for 9 months from cohabitation for 6 months nominal or pay SM for 12 months from cohabitation for no nominal. The only problem there is if she moves him out before the end of the period and I am back to square one then.