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Peppercorn Spousal Mainenance

  • 300574gpc
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13 May 12 #330329 by 300574gpc
Topic started by 300574gpc
Hello
Currently going through a divorce, a financial agreement had been drawn up through 2 mediation sessions. I have now been given a letter from ex''s solicitor saying they want me to pay a peppercorn spousal maintenance of 5p per month when she moves in with her new boyfriend. Her normal spousal maintenance was due to cease when this happened (and was agreed and signed to) She now says she needs security for her and our 2 children if she were to ever split up with her new boyfriend.
Can anyone tell me if this is something I have to agree to?
Thanks

  • LittleMrMike
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13 May 12 #330345 by LittleMrMike
Reply from LittleMrMike
An interesting question.

To answer it I would need to know, was this agreement actually incorporated in a Court order ?

Is the situation that you are paying substantive spousal maintenance, which will be reduced to a nominal figure if she cohabits ?

Does the cohabitation have to be for a given period ? It would be usual for there to be some period, perhaps 6 or 12 months.

LMM

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15 May 12 #330662 by 300574gpc
Reply from 300574gpc
Thanks for the response.

There is no court order at the moment. This has come up after the mediation agreements and submitted to the solicitor for drawing up, who suggested we need to add this in. I am being told this is perfectly normal for this kind of arrangement.

The reasons given for the peppercorn payments is that the spouse relies heavily on benefits and if these are reduced then she will need to come to me for money, or risk being homeless.

My payments fall into 2 areas, child and spouse maintenance. The child maintenance is agreed and will be paid until the youngest is 18. No problem.
When she cohabits she will lose the spouse maintenance immediately. Again no problem.

My question is, is this 5p payment normal and is it worth me fighting this, or is there another way for me to support my children if the child benefits stop?

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