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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.

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

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How likely spousal maintenance?

  • Dockley
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18 Jun 07 #866 by Dockley
Topic started by Dockley
Hi all

Just wondered if anyone recently had been to court for or been awarded spousal maintenance?
I've heard that its unlikely to be awarded if the person claiming it has started to co habit.
My ex has been living with her new man since June 2006 and disclosed him on form E. However, I am fully expecting that at our FDR is September she is likely to say they have split up. She has already implied that he has only just moved into her rented house with her in Feb 2007 rather than for the last 12 months, thereby implying its a fairly new relationship & unstable.
How would the judge view this, would it seem deliberate at this stage in proceedings.
The ratio of my salary to hers would mean she had a good case to claim it, but I wondered how they view the new relationship in respect of this.

  • wikivorce team
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19 Jun 07 #888 by wikivorce team
Reply from wikivorce team

The difficulty here is that once someone:
a) realises that co-habiting will greatly reduce their maintenance, and
b) decides to pull out all the stops to avoid the appearance of co-habitation
you face a difficult task.

If i recall you have very good evidence by way of joint bank statement of your ex and her NP. Which should provide lots of examples amongst the transactions of them being financially linked.

  • ag234
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25 Jun 07 #971 by ag234
Reply from ag234

My wife is wants to claim spousal maintenance from me. She is the primary carer, although I have the kids ( 10&7) for 6 nights every 14 (ie monday/ wednesday and alternate weekends).

I work full time and earn about 5 times as much as her. Whilst i do not wish to leave her financially adrift, I do need to do the right thing.

She works only 13 hours a week, largely by choice, and could easily work a school hours contract. As a consequence, she earns very little, but does have 3 days a week off.

How does this affect any monies which I may be obliged to pay her?

It is rather galling to be at work all week, paying maintenance, knowing she is out with her boyfriend during the day.

  • Dockley
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25 Jun 07 #972 by Dockley
Reply from Dockley
Hi Agardine,

Are you sure your wife isn't the twin sister of my wife.....lol, very similar.....

I have sinced calmed down a bit over the thought of SM, we have one child each and I am not cohabiting. Although I too earn over 3 x her salary I also have the same level of needs as her.

The courts view is to award the PWC above the nominal SM award if there are good reasons to do so, I have posted the general criteria of this on a prev post to mick_dan in the forum.

I would say it depends on how your needs and her needs are presented. As you state you are caring for the children almost 50% of the time in your current arrangement.

If your sol thinks it is likely she would achieve a high SM payment, have you thought about a trade off by giving her a larger share of the assets/equity?

Obviously CM will always still have to be paid in addition.

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