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Extending a spousal maintenance order

(5 Posts)
Apathyisthenewblah Wed 17-Feb-16 21:08:43

DH's ex has a term order for spousal maintenance (equal to our mortgage payments each month) which is due to end next year. What is the latest she can apply to extend this?

The idea was that by this point (the end date of the order) she would be able to resume part time work and in the words of the order "attain financial independence". She is not yet working yet has not indicated she plans to extend. She does however have form for last minute pissing about. I don't know if it is relevant but she was awarded assets which mean she has no mortgage.

Does anyone have any advice about timescales for this or should DH speak to his solicitor.

Mumblechum1 Wed 17-Feb-16 21:45:13

She could apply for an extension any time before it expires. If your husband wants to be proactive he could apply for a section 28 bar on extension, but that could just remind her to apply to extend!

Apathyisthenewblah Wed 17-Feb-16 21:59:58

He doesn't want to bar her extending (although it would be nice if she doesn't) it is more the uncertainty.
He has mentioned it when they did their updated finances for the year as her maintenance is calculated as % of his salary but she has not responded. When makes me suspicious...

Bluelilies Fri 19-Feb-16 10:51:14

Are you sure it's definitely a term order that finishes completely? My DH has one that sets the amount for 10 years, but then reverts to a £0 a year for the rest of their lives. As far as I understand it this keeps things open and gives her the right at any point, even 20 years down the line to reapply to start getting money again. Not ideal for financial planning, but DH seems to think this is what they often do. I think he could apply to end it if he wanted, so if that is what your DH has and you want some certainty it might be worth considering applying to finish it completely at the time when the payments are due to stop.

Apathyisthenewblah Fri 19-Feb-16 11:36:56

Definitely a term order with the possibility for extension in exceptional circs.

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