My ex has broken cover to tell me he has retired - under 60 - and in compliance with our Consent Order will cease maintenance payments forthwith.
He claims he''s in the process of taking his pension early but it''s now easy and commonplace to take a pension and carry on working full time - so proof of taking a pension into payment is not proof of retirement?
Throughout the process leading to the Consent Order it was clear that "retirement" meant ceasing permanently to receive any income from employment.
I''m wondering what tests would be applied/what documentary evidence the judge would look for if I challenged my ex''s claim to be retired.
It is a bit of a grey area really as the maintenance order will cease once your husband ceases to receive an income from employment. Once the order has lapsed this cannot be revived but there is nothing to stop the husband from returning to employment without fear of maintenance to be revived.
In this case, it would seem that the date of retirement is the date that everybody relied upon. Is is possible to come out of and go back into retirement therefore once retired, a persons remains as such unless their retirement is punctuated with periods of work!
There is also the aspect of: his pension being far more than yours therefore the disparity may need to be addressed. I read that somewhere! Also it would enable you to keep the order open and so if he did return to work you would be able to still have it looked at again.
Thanks flower2 ..... it''s losing that opportunity to change or extend the payments that''s really getting to me. I should have applied to vary my maintenance on the Decree Absolute anniversary each year ?? - except it''s a couple of £hundred just to apply and all he ever had to say to stop paying was by the way I''ve retired.
When he suddenly surprise surprise finds his next £100k job my order for maintenance will be dead beyond recall and I''ll be on about £10k pension.
I''m really annoyed that yet again even after we''re divorced he''s been able to do the dirty because my solicitor was so dimwitted.