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Spousal maintenance

(15 Posts)
atr79gb Sat 09-Nov-19 14:52:35

Hi all,

I'm currently going through a divorce. Me and my wife have a house and 2 young children (aged 5 and 8 together).

I currently provide for her financially 100% (she doesn't work). We're currently looking at some of the financial options. I simply want to ensure we are both in a position to support our children.

I earn £75K a year and she hasn't worked for several years. She worked in a low paid job before we had children. I'm not sure how likely spousal maintenance is in this scenario - does anyone have any thoughts?

From what I've read, any spousal maintenance payments would be deducted from any universal credit claim. For example, if you received £300 per month in spousal maintenance, this would mean your universal credit claim would be reduced by £300 per month. Is this information accurate and correct?

I'm just trying to work out the best way to support my children financially going forwards.

OP’s posts: |
NorthernSpirit Sat 09-Nov-19 19:39:37

Highly unlikely she’ll be awarded SM.

Kids are in school - she’ll be expected to work & support herself.

Get some legal advice from a solicitor.

waterSpider Sat 09-Nov-19 23:31:05

Your understanding of Universal Credit, regarding spousal maintenance, is correct.
Spousal maintenance unlikely, not impossible for a short duration, but in any case it may be a case of continuing to pay bills until a separation is properly sorted out.

habipprtyh Sat 09-Nov-19 23:33:31

I'm just trying to work out the best way to support my children financially going forwards.

You pay child maintenance. She gets a job.

fedup21 Sat 09-Nov-19 23:35:14

Is she going to get a job?

Phillipa12 Sun 10-Nov-19 06:58:47

She gets a job, you are correct about spousal and universal credit, but you do have to pay child maintenance, the cms calculator will give you the basic minimum you must pay, you can however pay more. So if you would like your children to benefit more financially from you, up the child maintenance payment, but your ex wife needs to work.

NotSuchASmugMarriedNow1 Sun 10-Nov-19 11:35:29

spousal support is only awarded where the payee is a high earner so it won't affect you.

your ex wife will have to get a job and manage on

salary
child maintenance
child benefit
child tax credits
single persons council tax discount

She'll be fine. We all were.

AnneLovesGilbert Sun 10-Nov-19 11:37:54

spousal support is only awarded where the payee is a high earner so it won't affect you.

That’s not true. My husband earns way way less than the OP and was ordered to pay spousal to his ex even though she did work.

JacquesHammer Sun 10-Nov-19 11:39:46

We agreed (between ourselves) spousal maintenance for a period of two years, this was in addition to maintenance.

Could you discuss with her the possibility of spousal maintenance for a limited period to allow her to find a job?

onthecoins Sun 10-Nov-19 11:41:34

Why can't she get a job if both kids are in school?

atr79gb Sun 10-Nov-19 13:21:21

Thanks for all the replies.

@onthecoins - there's no reason why she isn't able to look for a job.

We've been separated well over a year and she hasn't started looking yet. I suspect she isn't ready to transition into supporting herself financially yet.

I work flexibly so we actually share the day to day childcare. The kids are both at school during the day anyway.

It sounds like spousal maintenance is unlikely but still a possibility - I'll speak to a solicitor to get some advice.

I want to support my children in the best way possible so I'd rather pay more than the suggested child maintenance instead of spousal maintenance.

OP’s posts: |
BillieEilish Sun 10-Nov-19 13:29:00

So you'll be able to do the school runs to enable her to get a decent full time job? Share them? Otherwise, with a 5 year old her options have been and remain, extremely limited.

I think spousal support is likely at this stage of your children lives, but only a solicitor will know.

atr79gb Sun 10-Nov-19 13:57:02

@BillieEilish - yes, I work around half of the week from home so do around 50% of the school runs currently.

As I can also adjust my work schedule by working flexibly to support the children after school too, I believe she has lots of options regarding working.

OP’s posts: |
BillieEilish Sun 10-Nov-19 15:25:35

Then indeed, she can absolutely get a job! In this situation I am sure she wouldn't get spousal support (or at least only for a very short time)

I hope it works out for you all and you get a good solicitor to support you through it all. flowers

MarieG10 Mon 11-Nov-19 09:42:54

@AnneLovesGilbert

spousal support is only awarded where the payee is a high earner so it won't affect you.

That’s not true. My husband earns way way less than the OP and was ordered to pay spousal to his ex even though she did work

Really. Was this ordered by the court when contested or did he agree to it? Sounds unusual... ie were there no assets at all or something? Also is it time limited?

I have had a friend who got spousal but her ex was a high earner (well into 6 figures ) and during negotiations her solicitor advised her to seek it but going to a contested court hearing would be very risky as the courts are very reluctant to award it.

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