Spousal Maintenance?

[Otter71]

Hi there
Split with hubby over Xmas and want to sort stuff asap. I have today had an initial mediation meeting where they said I should apply for spousal maintenance. I earn about 30k. Hubby earns about 70k. Had never thought of it that way - just thought that was for stay at home mum's, not people who have made bad career choices as a result of a controlling husband. (I earned more than him when we met but changed career to satisfy his need for me not to be in a male dominated career).. Anyone got any experience to share?

Talk to a good solicitor about this. As I understand it the courts are reluctant to give ex spouses a "meal ticket for life" ie. never ending spousal maintenance, where that spouse is able to work and support themselves.

Maybe you coul d argue for a clean break payment that you could then invest as you wish, as an alternative.

Do you have children?

I have 2 teenage kids - 13 and 17.
Would the clean break payment just mean a slightly bigger share of assets...

Not necessarily

You’re entitled to a fair share of assets. That could mean 10% or 90% no one on here will be able to tell you

It is generally preferred to reach a clean break and if this can be reached to achieve a fair outcome to both parties then that would be considerd. If needs can’t be met this way then spousal would need to be considered

However based on what I’ve seen from friends and family based on the ages of children and earnings I personally wouldn’t be too optimistic of receiving spousal , certainly not for more than a short time

However, your solicitor can advise of the realistic likelihood of outcomes wholly dependent on what assets are available and what needs there are

To OP

There is no formula for Spousal Maintenance and each case is different.

In my case it was awarded to Ex for 3 years until child reached 13. Logic was that Ex could work full time once child reached that age and hence there would be no NEED for Spousal Maintenance. That she received the largest share of assets was a deciding factor too.

My Ex at the time earned no where near 30k. At best she will earn minimum wage. Whereas I can earn per day what Ex earns per month.

So based on what you have posted I would say the chances of Spousal Maintenance are slim as the difference between your earnings and that of your Husband is not that big.

Assuming you will be the main carer of the children you might be better off looking for a larger share of the assets?

Whatever happens try and settle amicably and avoid the Courts as costs can spiral out of control rapidly. If you are both upfront with Disclosure and Form E your solicitors should be able to work out what is a fair deal.

Good luck