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Spousal Maintenance

  • FarReaching
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24 Sep 18 #503957 by FarReaching
Topic started by FarReaching
I'm currently in discussions over spousal maintenance as part of a financial settlement, long marriage, 25 years, wife hasn't worked for 23 years though has some capacity to work (can do something). I earn £5.2k per month, I've calculated her needs as £,1,400 per month including all outgoings, I offered £1,667/month or £20k/annum at FDR, they will settle at £2,000/month or £24k/annum about 35% of my net salary (excluding bonuses) payable until I'm 65. Then pensions kick in. Does anyone have experience or a view as to where I could end up at a Final Hearing? I find it impossible to get any comparative data or proper views out of the legal profession, they treat it as a dark art, appreciating absolute detail is confidential.

  • hadenoughnow
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24 Sep 18 #503961 by hadenoughnow
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Spousal maintenance is based on her needs and your ability to pay. Previous lifestyle is also a factor.

She would be expected to maximise her income but after 23 years out of the workplace is not likely to be able to earn any significant income.

If you can meet your income needs on 65% of your salary, the court may well agree to this level of spousal support.

Hadenoughnow

  • WYSPECIAL
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24 Sep 18 #503966 by WYSPECIAL
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You don't say how old you are but if you've offered £1667 per month and she want £2000 your basically arguing over £4k per year.

Work out how much this equates to until your 65 then decide how much money, time and energy you're prepared to spend argiung over that amount.

  • FarReaching
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24 Sep 18 #503976 by FarReaching
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Yes, 53, so 11.5 years yo pay spousal maintenance before the pensions kick in.

To complete the picture, we had a pension report from an actuary, the pot is £1.12m, currently she would receive £40k more than the report recommends, done on CETV equate to £580k to her and £540k to me.

The house would be split under the current proposals 56/44 in her favour on assets valued at £1.1m net, giving her net about £550k (she has horrific legal costs) and me £450k net, a £100k difference after costs or £125k difference before costs. Coupled with the income previously indicated.

Is this a fair deal or should I go to a final hearing, if I got 50/50 equity split and £20k annual spousal maintenance to pay that would make me about £75k better off after costs, assuming another £30k for legal costs at he final hearing.

The variants at a Final Hearing is how the court would look at the length of the marriage, her limited working time since the children were born now 21 & 23, though everyone has some capacity to work in determining a percentage split on the assets. Her needs are estimated at £1,400/month, offered £1,666/month at FDR increased to £2,000/month to get towards agreement. No other savings, only two cars each sub £10k.

Any views would be appreciated.

  • Under60
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24 Sep 18 #503978 by Under60
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To be blunt, she sounds like either a greedy witch or one with a good lawyer fighting for her.
What does your Lawyer think is reasonable?
To a lay person (Me) it sounds a bit harsh on you?
In my experience I just accepted what I needed, not what I was ‘Entitled’ to or wanted (All money in ex name)
Fight for your corner :)

  • Adrift
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25 Sep 18 #503980 by Adrift
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Another layperson here. STBX and I are slightly older, married 32 years. Mortgage paid off and STBX has healthy pension pot. We took a different route and chose to mediate. After actuary report we decided on 50/50 split, despite the disparity in our income potential. That’s 50/50 across the entire marital asset pot.

I spent 16 years out of work caring for home and family. I did not have a crystal ball to see into the future. If I had, I would have trained for a more lucrative career. As it stands now, my income from work will go down as I have decided to move out of my county to a cheaper area for housing.

Spousal maintenace? STBX will pay my rent (he’s still in FMH) until our house sells. He originally offered half that amount but after a bitter email from me, he agreed to cough up the lot. We have a Clean Break Consent Order currently lodged in court awaiting approval.

I was told that I had to work at the MIAM. At the time we started mediation I had been caring for my adult daughter injured in a RTA. I promptly found a part time job and months later another full time position. By that point I had moved out of the FMH. Very low pay, as stated. STBX is self-employed.

So why can’t your STBX work? I was told by one lawyer during a free half hour chat to go get a job at Tesco for £10k a year. That would do. (Didn’t instruct that solicitor). I agree with Under60. Your STBX’s greed sounds like it has been fuelled by shark lawyers. Do not be concerned about her crippling legal costs. That was her decision. I wish you luck in court. Stand your ground.

  • WYSPECIAL
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25 Sep 18 #503981 by WYSPECIAL
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Is £5.2k per month your net figure or gross?

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