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Spousal Maintenance(8 Posts)
I've just had a conversation with my STBXH as we have been seperated since July and have a joint mediation session at the end of the month. We have had an initial chat to see if we can agree things to speed up mediation and reduce costs, but the BIG sticking point is that he thinks he is entitled to maintenance and I don't agree. We have no children, and several years ago he left his job (at a decent salary) as he was suffering with depression and he couldn't deal with the stress - I supported him financially for 2 years until he then took a minimum wage job which is also seasonal, so for 8 weeks over winter there is no work. He has been doing this for 3 years now and doesn't want to look for a better paid job as he is happy working there. I earn quite a bit more, but also have a lot of debt in my name (although was really joint debt) but I have a very stressful job and don't see why he is entitled to any of my salary! Anybody know where I stand legally on this - I am happy to clear the debts, I know he is entitled to a share of the assets (such as they are) and a share of my pension, but don't want to have financial ties to him going forwards.
How long were you married?
You need to speak to a solicitor but I'd be amazed if a judge awarded spousal maintenance. It is very unusual in the U.K. in an 'ordinary relationship
The debts should be paid out of the joint assets and the remainder split between you.
Even the pension thing is unusual as most judges will push for a 'clean break' split when you don't have children.
You need to seek legal advice.
I was in a similar position a few years ago - no children - and it was made very clear that we would have a 50/50 split of assets - but spousal maintenance is very much a thing of the past - or perhaps in extreme circumstances - and only, I think, if the couple have children.
He will have to get a job to support himself. Worse case scenario he will have to sign on during the periods of none seasonal work.
Splitting assets surely this is what's left after debts and the divided up accordingly. But would he get half if he hasn't contributed half?
Don't agree to anything get legal advice.
Thank you all - this was my understanding, but he was adamant that he was entitled. Hoping to do it as amicably as possible and without protracted legal costs, but I wont be walked over.
He is determined that he is entitled to more than 50% but I will push for a fair and reasonable settlement.
I think (though am not sure) that unless you are a long-married person who gave up work for the furtherance of the family and are over at least 50, you are very unlikely to be awarded any spousal maintenance at all except for a short transition period to tide you over whilst you find your feet again.
If your marriage was fairly short and there are no DC, then the aim of the settlement would be to put you high back to (as near as can be achieved) a financial position similar to that had the marriage never existed. Which wouldn't include an enduring income stream for one spouse IYSWIM.
My solicitor advised me that I could get spousal. I gave up my career to have our kids and then went on to work part time in a basic paid job. She says I could get it for up to three years at which point my youngest will be 18. I guess that this will be enough time for me to retrain or find a decent paid full time job. My husband currently earns four times what I do, I am 49 and we were married 24 years.
Although I don't know the answer to your situation I wouldn't expect your husband to get spousal as it was his decision to leave his career and it is still his decision not to change his current employment. He needs a bit of a reality check.
I know someone who got everything including spousal maintenance until she is 65. She got everything and her ex wasn't exactly a footballer. She just bought a Porsche and only has a part time job.
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