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Spousal maintenance?

(6 Posts)
Itsmeaga1n Sat 08-Sep-18 03:44:13

I'm on the process of getting divorced. Ex pays basic child maintenance for our 17 year old daughter. I'm unable to work due to ill health, ex is working. It's probably too late, but would I have been able to claim spousal maintenance? I've been unable to work since our marriage broke up.

If it's relevant, I left my ex due to breakdown of the marriage because of his unreasonable behaviour.

I struggle every month financially whilst he is out having a great time.

I'm not greedy, just fed up of struggling to feed my daughter and myself and clothe dd.

OP’s posts: |
MissedTheBoatAgain Sat 08-Sep-18 05:05:19

If divorce is not finalized there is still room for negotiation. You say you have been unable to work since the marriage broke up. Did you work beforehand?

Child Maintenance should be easy to resolve as there is an online calculator. All you need to know is your husband's earnings and the number of nights your daughter stays with her father. However Child Maintenance generally ends when child is 18. As daughter is already 17 he may not have to pay for much longer.

Spousal maintenance is case specific and only enforceable if ordered by the Courts. There are no formulas to calculate Spousal Maintenance. A wide range of factor are taken into account to determine whether or not Spousal Maintenance is relevant and how much it should be. No point in giving examples as each case is different.

Good luck

wakeupsmelltheroses Sat 08-Sep-18 11:00:58

Does SM go on need or how much the ex is earning?

Notbeingrobbed Sat 08-Sep-18 12:54:21

It’s on earnings so if he quits his job you’ll get nothing!

Bluntness100 Sat 08-Sep-18 12:55:59

You say it's being processed not finalised, so the answer should be yes. Speak to your solicitor.

MissedTheBoatAgain Sat 08-Sep-18 13:34:55

Spousal Maintenance is based on needs and whether or not other party can afford it after they have paid for their own needs. However, for certain if person has no income there will be no maintenance, child or spousal.

Classic example of how someone can be asset rich (in this case new partner is about to get £1 million from divorce), but income poor.

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