Spousal Maintenance

[Drawtheline14]

Anyone else confused by spousal maintenance? I cannot work out for the life of me whether I will get it or not. I am planning on speaking to my solicitor about it next time we have a meeting but as I am waiting for my husband to respond back to him that could be a few weeks yet as my ex is trying to delay the whole process.

My earns 2.5k per month before tax, pays the mortgage for child maintenance which is £400 and then a debt management plan of roughly £700 per month so this leaves him with £1400 per month for his household he shares with the OW.

I’m currently on maternity leave and the only way I could return to work was to go back on 18 hours which gives me just under £7500 a year. He wasn’t willing to help with childcare costs so am i being reasonable thinking that he should at least pay some spousal maintenance to contribute to my loss of earnings?

I’ve lost £2471 earnings per year so I can support our free very young children as I can’t afford childcare costs and not does the childcare for around the rota I usually work. I’d want him to contribute to at least half of this as he was the one that left and has shown no intention in helping any other way with my return to work.

I’d be willing to agree the top up on wages of £100 per month until all of them get their 30 hours at nursery and I can look for a full time job, or af least increase my hours. The youngest is 3 months so three years from now.

Is this a reasonable proposal and should I represent this to my solicitor?

So many typos was meant to say three not free 🤦🏻‍♀️

I believe spousal maintenance is out of fashion and the courts prefer a clean break deal.

That’s annoying to hear, cause there his kids too but he doesn’t feel the obligation to help 😩 will it make a difference that we aren’t having a clean break deal anyway do you think? Cause we having a postponed sale of the house so will be financially tied that way anyway.

Thanks for replying. Xx

Your solicitor will be best placed to advise, but if he only has £1400 a month left over to pay his mortgage/rent and all his bills, you may struggle to demonstrate that he can afford spousal maintenance. Is £400 what you are entitled to in child maintenance? Are you claiming all the benefits you're entitled to?

2.5k per month before tax doesn't leave him with £1400 once he's paid maintenance and DMP of £1100? And means he's earning 30k - I think you'd struggle to argue for spousal maintenance.

Have you checked if the £400 mortgage is less than he'd pay on maintenance using the CMS calculator - you might be better off formally claiming CMS.

Paying the mortgage is protecting his asset so I would ask for CMS calculated maintenance for the DC plus 50% of the mortgage payments.

If you can't afford to live on that income that it sounds like you may be better if renting as you would be eligible for means tested housing benefit...

It doesn’t sound as though he can afford it. Won’t you get tax credits to help with the cost of childcare?

Thanks, will speak to him when I next having a meeting. Didn’t expect this all to be happening at the beginning of the year. Even booked a family holiday for next year.

Yep I am. £1400 is considered a lot around here, it’s equivalent to most people’s wage. I’m entitled to £460 but he won’t top it up.

I would discuss it with my STBXH but he makes everything divorce related impossible, he just goes ‘I won’t talk about it’ I’ve only just convinced him not to contest the actual divorce 🤦🏻‍♀️

Thanks again

Hi Zioanna,

I didn’t even think of that. Thank you!

Hi randomness

There’s basically no equity in this house l got it valued and we’d be lucky to get what we bought it for (newbuild) and we only out a 5% deposit down so preferable i’d rather stay in the house.

I could still afford to live as the mortgage is being paid for CM and it’s the children’s home and I don’t want to stress them out anymore by moving. Plus my sister was always renting and being moved constantly, never having anywhere permanent for the kids to call home and I don’t want that for mine 💔

Plus I completely forgot that I could get help with childcare costs through tax credits, Zioanna just reminded me of this.

I’m sure i’m stressing about minor things haha

Hi NeonK

The DMP is £700 then CM of £400. :)

How long were you together / married ? This is normally a clincher for spousal maintenance, it’s designed for those together 25/30 years etc

I got that op but did you mean 2.5k AFTER tax?
Otherwise you haven't allowed for tax/NI/pension contribution meaning he's taking home considerably less than £1400 after deducting the DMP and mortgage.

Tax Credits (Working Tax Credit and Child Tax Credit) yes. Can you argue for a share of his pension?

Random's suggestion of Maintenance plus half the mortgage seems reasonable. But what's going to happen once the mortgage is paid off? Is he going to give you the house or will he want his half realised?

Thanks NeonK

Sorry, baby brain. You’re right.

Hmm I know he has quite a bit left over but he gets quite a few pay rises so when we were together may be less than he is now. He won’t actually tell me what he’s on now and I’ve asked but we did work out in April time officially he would pay me £464. The mortgage is £400 so i’m provably better of suggesting he tops that up. But he’s not even paying the full amount now and calls me a ‘money grabbing w’. He’s said the kids cost about £100 a month and he’d happily pay that 🙄

The mortgage won’t be sold off by the time the postponed sale ends but by that point i’m either taking it over as I’ll be working full time or selling for 50/50.

Thanks for your advice x

Nowhere near that way Sunday, hmm I don’t want to make him angry by asking so i’ll probably just leave it. My solicitor and I are going to a calm and fair approach especially giving my husbands fiery nature.

if he is being an arse, i would just go straight to CMS as he could just as easily stop paying you

Calm and fair seems a good approach - don't stoop to his level. I'm sure your solicitor will keep you right in making sure he pays what he should regardless of how much he 'thinks' the kids cost 🙄

Good luck x

I think you're unlikely to get spousal maintenance as he's not a high earner. DH pays his ex spousal maintenance but he made about 150k base salary when it was awarded. I think you'd be better off agreeing a higher level of child maintenance siting childcare costs but keep in mind you'll only get it for a year then he will go to CMS if he has any brains .

My divorce was finalised just under 12 months ago and I was awarded spousal maintenance for 5 years in addition to child maintenance. It did go all the way but the final financial hearing were the judge decides though......

He was a high earner but i had sacrificed my career to raise the children (at his request, although he totally denied it). Spousal maintenance is still out the but be prepared to fight for it.

Spousal Maintenance is based on two things:

The person seeking SM has to demonstrate their own income is insufficient to pay for their NEEDS.

The person being asked to pay has to to have sufficient disposable income after they have paid their own NEEDS.

30K per year gross is 1,981 in hand. After he has paid CM and his living costs it is unlikely there will be much left. So Spousal Maintenance is doubtful in my view.