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Legal matters

Paying spousal maintenace

10 replies

Greenkit · 26/07/2019 20:41

Question...

Husband (52) and wife (50) married for 30 yrs, together 35

Husband worked full time 30yrs, worked shifts and lots of overtime
Wife worked PT for 20yrs

Children x3 aged 28+ now with partners and children

During marriage most childcare, housework, cooking, fostering care was done by husband, little help from wife

Husband had enough and left, paid rent and all bills (including wifes, catalogue accounts, mobile phone contract) for 6months

Husband will retire Christmas 2020

Retirement will bring large lump sum and monthly pension.

Husband knows he will need to hand over most the lump sum, wants to protect the monthly pension

Has been told he will probably need to pay spousal maintenance as well, to keep her in the manner she has become accustomed

Is this true?
Said he is better off not here, then she won't get anything

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MediocreOmens · 26/07/2019 20:49

Husband did everything with little help from his wife? How do you know this? Were you there or did he tell you? I am sure she did all the childcare given he was working full time. It really irritates me when the full time working person claims the other person does nothing. A lot of unseen things go into running a house. And I say that as someone who works full time!

From what I've seen (not legal but deal with personal finance so see this regularly enough) spousal maintenance seems to be on a very case by case basis so I think that a solicitor would be best placed to advise him. Also why are you asking this for him?

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Surfskatefamily · 26/07/2019 20:58

I'd imagine the husband didn't do all the childcare housework and full time work while wife lazed about for 30 years and their marriage lasted. Someone's telling you porkies

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Greenkit · 26/07/2019 21:05

It's as it is...

I said I would ask here for him as there is some good advice

He is going to get proper advice

It's the maintanance thing he was worried about

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Tullow2016 · 30/07/2019 06:38

Wonder if the OP is the husband?

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Bookworm4 · 30/07/2019 06:43

OP are you his new partner or daughter?

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Pipandmum · 30/07/2019 06:50

Why does he need to hand over the bulk of the lump sum?

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caughtinanet · 30/07/2019 06:52

Why the smartarsery?

This probably isn't the best place for you to get proper advice, the best answer is to tell him to see a solicitor.

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Wishihad · 30/07/2019 06:55

And who has told him he will have to hand over his lump sum or pay maintenance?

Maintenance is very usual, now. Unless the main earner is a larger earner. This woman could have worked full time and worked in her career for the last 23/24 years but chose not to.

To be fair, who did more housework isnt relevant.

He needs legal advice.

My dps ex wife, kept telling him he would have to pay her maintenance. He didnt, he didnt earn anywhere near enough and had income of her own.

If I were him I I wouldnt part with anything I didnt have to.

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Collaborate · 30/07/2019 13:31

I'm assuming H is in the police or fire service (they are the only ones to retire at 50 these days).

Assuming therefore the retirement is genuine, it seems to me that there will be no spousal maintenance. All capital and pension income will be divided equally - the pension income by a pension sharing order being made for such sum as will equalise incomes.

Actuarial advice will be needed, as a police or similar pension that pays out at 50 will not, on sharing, pay to the other spouse until 65. Very hard to share one of those equally.

These kind of cases are far from straight forward.

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Greenkit · 16/08/2019 13:30

I did post to say thank you, but its has disappeared

It was the wife who told him he would have to pay, why should she get a job when he has changed the marriage and left her. He should continue to fund her lifestyle


Anyway he has now seen a solicitor, courts would rather have a clean break in order. The pension makes it a little bit more complicated, but needs to be sorted out before he retires as it gets even more complicated and expensive after.


He is happy to be fair, 50/50, but I think she wants more.

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