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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Lumpsome or monthly spousal payment?

4 replies

Mamioftwo · 29/12/2017 17:25

So I'm currently in the middle of a divorce, and I'm applying for financial order.

Just curious if anybody has gotten a lump-some financial order or a periodical financial order? And how the court decides how much the receiver gets? Is it depending on how much he makes or both of us combined..? Because I don't work currently, as I'm a full time student. Also my ex-husband has a lot of debt, but I know he's working 2 jobs (and he doesn't send me a penny for the kids). I'm not sure which one will benefit the kids in the long run.

Thank you. X

OP posts:
MissConductUS · 29/12/2017 17:31

What assets does he have that could be converted into a lump sum, (as in a sum of money)?

If he has loads of debt, a lump sum may not be doable.

Iloverupertp · 03/01/2018 19:29

I would do lump sum if at all possible
I have child and spousal maintenance and I know every month it goes out of my ex dh account he hates me even more !we will never be amicable because of this and he constantly threatens me with all sorts of s*
He's a high earner so we should have had enough money for lump sum but he has a spending habit which is out of control

I constantly feel we're still married as he controls me financially
It's a nightmare

Secretsout · 03/01/2018 19:40

Exactly what ilove says. Even during negotiations my EX made it clear he would look for any opportunity not to pay SM. He’s a high earner and I’ve got it awarded for 10 years. I will never be able to do anything (clothes, holiday, car) without him saying he’s paid for it,
We did have substantial capital and I was awarded about 60% of it and I did this knowing that if I get the SM it’s a bonus that I will bank/invest every month for when he stops paying and so I don’t end up living off beans on toast whilst he drives a Porsche and holidays in Barbados!

traviata · 03/01/2018 20:17

It doesn't have to be one or the other. It can be both, if the circumstances make it fair.

If there are assets - eg a house, other property, savings, expensive vehicles (not a normal car) - they will be shared. That's where a lump sum comes from. How they are divided depends on what each person has and what they need.

If you can't generate enough income to live on - particularly if that is due to a decision made during the marriage, eg that you would study for a while, or due to looking after children - then the court may say that your ex must top up your income depending on how much he can afford. This arrangement should only last until you can be financially independent.

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