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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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


spousal maintenance

  • Pollyparrot
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06 Jun 12 #335339 by Pollyparrot
Topic started by Pollyparrot
I have been married for 31 years and have left my husband recently. I have never had full time work as he travelled all the time and I stayed at home to bring up the children, who are now adults and self sufficient. I have moved from my home country with him to allow him to further his career. We are discussing the split and do not want to go to court because of the expense. we thought a 50/50 percent split of our assets and pension but the problem is the spousal maintenace. As I am 55 years old and have only worked flexi time for a couple of years, I am struggling to find employment. He earns over £90k per annum. Is it reasonable to expect a third of his salary as spousal maintenance, as this still leaves him with a good lifestyle. Has anyone else been in a similar position??

  • maisymoos
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06 Jun 12 #335343 by maisymoos
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If you are trying to work this out amicably. The best way is probably for you to list out your outgoings and work out what you need based on maintaining a similar standard of living to that which you have. It will then be a case of agreeing whether the figure is then affordable. You would probably want to factor in an annual RPI increase.

  • revenge
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08 Jun 12 #335636 by revenge
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Similar situation. Married 22 years husband was in the armed forces for 18 of those year and worked away from home after he left the forces. We had no children and have a very nice house valued at 450k and couple of rental properties. He earns a 5figure monthly sum, I am worried about sm as my solicitor says it doesnt look good that I haven''t applied for any jobs in the last year, even though I haven''t been in paid employment for some years( I say this as I have worked unpaid on the properties we own). I am 52 and worried as to what sort of work I will get and I know my lifestyle will change, yes I do feel very upset that the life I had with my husband has been given to ow. You hear so many times how the new partner and ex have the luxury lifestyle and the person left behind ends up back where they started off years ago.

  • WYSPECIAL
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08 Jun 12 #335675 by WYSPECIAL
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You will need to post more details of your assets and incomes for someone to offer an opinion on a 50/50 split.

SM is based on need and ability to pay. You would probably be better off asking for a greater than 50% split of the assets if your earning capacity is lower. Why would you need a third of his salary and while it might be £90k per annum now where would it leave you if that changed?

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08 Jun 12 #335754 by Pollyparrot
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My earning capacity is about ten times lower than my husbands as I gave up my career to bring up the children.. I do not think he would be able to afford more than a fifty /fifty split without selling the family home and as my adult children are still living there and i would not like that to happen. He could afford the spousal Maintenance on a monthly bassi as he works away from home and has expenses paid for 3 out of 5 days.i also have an elderly father living in my home country who I need to visit every year, and may need to help financially in the near future. Would this be taken into account..

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08 Jun 12 #335780 by WYSPECIAL
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Pollyparrot wrote:

My earning capacity is about ten times lower than my husbands as I gave up my career to bring up the children.. I do not think he would be able to afford more than a fifty /fifty split without selling the family home and as my adult children are still living there and i would not like that to happen. He could afford the spousal Maintenance on a monthly bassi as he works away from home and has expenses paid for 3 out of 5 days.i also have an elderly father living in my home country who I need to visit every year, and may need to help financially in the near future. Would this be taken into account..


Court will only consider your housing needs and his housing needs. They wont take into account other adults so the house may need to be sold if doing so would release money to house both of you in different houses. It depends how big it is etc.

They also wont take into account any financial needs of your father. In fact your ex could argue that if you are in a position to financially help your father you don''t need SM so it could be self defeating.

You need to give more details of the assets and incomes that you both currently have.

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