I am being advised to seek SM as my STBX has a substantially higher salary than myself.
However, my question is how long is it normal for this to be paid for?
Until i co-habit for a period
Period to get settled
Child reaching certain age (currently 4).
I am assuming that if i go for SM then I will get less as a lump sum from splitting assets.
I am just trying to weigh up if it would be better for me to request bigger lump sum and smaller (or shorter period) SM
There is no fixed answer for every case. Generally, the older you are and the less chance you have of making a more lucrative career, the longer you will get maintenance for. Remarriage automatically ends SM. Cohabitation doesn''t but it with most judges it''s very hard to persuade them to order SM to continue if you have a new relationship.
Spousal maintenance can be paid for a specified term with or without a bar to extension or for joint lives. If there is a bar to extension you will not be able to apply to court to have it extended after the fixed term
Whether it will be paid will depend on need, earning capacities and affordibility. A judge would also consider the overall asset split when considering if SM should be payable.
Certain triggers can be written in to the Consent Order where it will automatically stop being paid, common is remarriage, cohabition these days less so.
With a young child often a judge would grant SM at least a nominal rate. This may be £1, thisleaves the doorway open for you to apply for it to be increased in the future.