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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.

WHAt is spousal maintenance?

8 replies

Npgd81 · 29/07/2018 22:01

Just wondering what it is

OP posts:
MissedTheBoatAgain · 30/07/2018 10:19

Google

Judge Mostyn Spousal Maintenance

NorthernSpirit · 30/07/2018 10:25

It’s extremely rare to receive it. Women are expected to work and support themselves once kids are in school.

crimsonlake · 30/07/2018 10:38

It is becoming rarer, but I received joint lives spousal maintenance. It depends on the financial circumstances of both parties, future earning capacities, age, length of marriage etc. It is to meet the needs of the financially weaker party, like myself some people have given up a successful career to be a satm to enable their partner to build up their career and have now been left financially disadvantaged.

MissedTheBoatAgain · 30/07/2018 15:26

Trend now is that even if Spousal Maintenance is awarded it may be only for a period until children are old enough to get themselves to school and back. By then they can work full time and no longer need support from ex husband.

The case settled by Lord Pritchard in 2015 known as the “get a job ruling” all but ended the concept of Maintenance for life. Other than the circumstances described by the previous poster and having an illness or disability that prevents someone from working Joint Lives Maintenance to quote my advisors are the same as hens teeth.

NorthernSpirit · 30/07/2018 15:44

My OH’s EW tried to claim spousal maintenance. She had been a SAHM for 11 years (kids were 11 & 8, she would have been 39 at the time). They had been married for 9 years, split up for 3.

She refused to get a job. Argued that they had agreed she would be a SAHM and couldn’t be expected to work (my OH tells me the agreement had been that she would return to work when the children were in primary school).

She wanted £8k SM a year for 10 years. It was laughed out of court straight away. Didn’t get a look in. The judge told her to go and get a job and start supporting herself and her children.

Women nowadays are expected to fund themselves.

MissedTheBoatAgain · 30/07/2018 23:53

My ex was awarded SM for 2 years. After 2 years child would be old enough for her to work full time. SM was calculated on basis I had a source of unearned income (rent). Had it not been for that income SM would not have been awarded.

Initially wanted Joint lives, but judge said no immediately as ex in good health and was already working and asset split was in her favour.

“Ex wives can’t have it all ways”

Was judge’s closing remark

CarrieMayBe · 02/08/2018 12:03

I've just reached the end of a very messy divorce. 3 court appearances later, I've been awarded pretty much a 50/50 split of the house and spousal maintenance for the next 8yrs until my youngest turns 16.

I was a SAHM, 4 children, which enabled ExH to build a successful business. We were together for 20yrs and the marriage ended due to him having an affair. I gave up a reasonable career to care for our children, which we both agreed was the right thing for us all as a family, but as the children grew older ExH refused to support me to train in a much-desired new career and wanted me at home to take care of everything so all he had to worry about was his work.

I got a job within 6 months of the marriage ending but due to him refusing to help with childcare beyond his EOW care of the children (he is far too busy with work, apparently, and doesn't have the children in the holidays at all) and the fact that my settlement doesn't allow enough funds for me to live within school catchment area so I will have to do school runs until my youngest finishes school (we both agreed we didn't want to unsettle the children further by changing schools) at 40 miles round trip per day - this severely limits my earning capacity. Added to that I am in a low paid, temporary contract job.

I actually hate the thought of living off ExH for the next 8ys and also suspect that he will apply to downward vary the amount awarded at some point in the not too distant future. But, he is a high earner and whilst I have pretty much full responsibility of the children - youngest two are only 8 and 10, the eldest two are over 18 now - I have little choice as I simply cannot earn enough until they leave school. Also, neither of us had pensions and therefore no provision for my retirement. Am hoping I can save some money during the period of maintenece which will aid me in later years.

If things change for my financially then I will happily forego his maintenance.

Sorry for the essay but just wanted to say that spousal maintenance isn't always turned down. I think it aided my case that I had taken steps to earn as much as I could but still couldn't make ends meet. There was no case to argue from his point of view really. Having said that, I have spent a fortune on legal fees which makes me feel physically sick. However, ExH was never prepared to budge on his paltry offer so I guess it's been worth it.

scotgal2017 · 02/08/2018 20:31

Quite depressed to read this. I have booked a free appointment with sol for next week to see about starting divorce and Legal Aid. Background is married for 17 years, together 20, 2 DCs, abusive and controlling STBXH. He said he wanted to leave last year and moved out. He pays a set amount each month to cover rent and to pay for kids.

I have mainly been a SAHM because of the nature of his work he works away for 4-6 weeks at a time and then is back for around the same amount of time so I was (and still am) main carer. He earns 6 figures even after paying tax. We have no assets, no bought property, mortgages etc, just 2 joint current accounts and that's it. Other issue is we were living in a foreign country for around 7 years (with no family etc), were due to do a rent to buy and then he left, so that fell through, and I would have had to try and find job and new place to rent in that country which under local economic climate was going to be a hurdle. I have just moved back to UK with kids and I am looking for work but not been successful so far. I haven't claimed any benefits since being back.

He said straight off the bat he wanted a divorce and it can be done after 1 year here. As with everything else in our relationship i suppose i'll have to initiate it as 1 year has just past and he has given no indication about arranging it (I'm over it, I just want a clean slate)

But I want some sort of recompense.....me and kids lives' have changed and as some people have said on other threads here, we are adjusting to a different budget and lifestyle.....meanwhile he goes on holidays and buys new expensive boy's toy's and sits on 5 figures in the bank account just now. His attitude when he left was, you only get the set amount each month and the rest is mine, so I haven't asked for anything else from him. I wanted the monthly amount for the kids and a lump sum in the settlement to help get me back on my feet (want to start my own business) and I wouldn't touch pensions etc - i wants a fresh start and clean break. Seems I'm destined to be unemployed and worse off.......but i'm happier and I suppose that's what counts.....Wine

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