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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.

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Original poster

Spousal maintenance

14 replies

atr79gb · 09/11/2019 14:52

Hi all,

I'm currently going through a divorce. Me and my wife have a house and 2 young children (aged 5 and 8 together).

I currently provide for her financially 100% (she doesn't work). We're currently looking at some of the financial options. I simply want to ensure we are both in a position to support our children.

I earn £75K a year and she hasn't worked for several years. She worked in a low paid job before we had children. I'm not sure how likely spousal maintenance is in this scenario - does anyone have any thoughts?

From what I've read, any spousal maintenance payments would be deducted from any universal credit claim. For example, if you received £300 per month in spousal maintenance, this would mean your universal credit claim would be reduced by £300 per month. Is this information accurate and correct?

I'm just trying to work out the best way to support my children financially going forwards.

OP posts:

NorthernSpirit · 09/11/2019 19:39

Highly unlikely she’ll be awarded SM.

Kids are in school - she’ll be expected to work & support herself.

Get some legal advice from a solicitor.

waterSpider · 09/11/2019 23:31

Your understanding of Universal Credit, regarding spousal maintenance, is correct.
Spousal maintenance unlikely, not impossible for a short duration, but in any case it may be a case of continuing to pay bills until a separation is properly sorted out.

habipprtyh · 09/11/2019 23:33

I'm just trying to work out the best way to support my children financially going forwards.

You pay child maintenance. She gets a job.

fedup21 · 09/11/2019 23:35

Is she going to get a job?

Phillipa12 · 10/11/2019 06:58

She gets a job, you are correct about spousal and universal credit, but you do have to pay child maintenance, the cms calculator will give you the basic minimum you must pay, you can however pay more. So if you would like your children to benefit more financially from you, up the child maintenance payment, but your ex wife needs to work.

NotSuchASmugMarriedNow1 · 10/11/2019 11:35

spousal support is only awarded where the payee is a high earner so it won't affect you.

your ex wife will have to get a job and manage on

salary
child maintenance
child benefit
child tax credits
single persons council tax discount

She'll be fine. We all were.

AnneLovesGilbert · 10/11/2019 11:37

spousal support is only awarded where the payee is a high earner so it won't affect you.

That’s not true. My husband earns way way less than the OP and was ordered to pay spousal to his ex even though she did work.

JacquesHammer · 10/11/2019 11:39

We agreed (between ourselves) spousal maintenance for a period of two years, this was in addition to maintenance.

Could you discuss with her the possibility of spousal maintenance for a limited period to allow her to find a job?

onthecoins · 10/11/2019 11:41

Why can't she get a job if both kids are in school?

Original poster

atr79gb · 10/11/2019 13:21

Thanks for all the replies.

@onthecoins - there's no reason why she isn't able to look for a job.

We've been separated well over a year and she hasn't started looking yet. I suspect she isn't ready to transition into supporting herself financially yet.

I work flexibly so we actually share the day to day childcare. The kids are both at school during the day anyway.

It sounds like spousal maintenance is unlikely but still a possibility - I'll speak to a solicitor to get some advice.

I want to support my children in the best way possible so I'd rather pay more than the suggested child maintenance instead of spousal maintenance.

OP posts:

BillieEilish · 10/11/2019 13:29

So you'll be able to do the school runs to enable her to get a decent full time job? Share them? Otherwise, with a 5 year old her options have been and remain, extremely limited.

I think spousal support is likely at this stage of your children lives, but only a solicitor will know.

Original poster

atr79gb · 10/11/2019 13:57

@BillieEilish - yes, I work around half of the week from home so do around 50% of the school runs currently.

As I can also adjust my work schedule by working flexibly to support the children after school too, I believe she has lots of options regarding working.

OP posts:

BillieEilish · 10/11/2019 15:25

Then indeed, she can absolutely get a job! In this situation I am sure she wouldn't get spousal support (or at least only for a very short time)

I hope it works out for you all and you get a good solicitor to support you through it all.

MarieG10 · 11/11/2019 09:42

@AnneLovesGilbert

spousal support is only awarded where the payee is a high earner so it won't affect you.

That’s not true. My husband earns way way less than the OP and was ordered to pay spousal to his ex even though she did work

Really. Was this ordered by the court when contested or did he agree to it? Sounds unusual... ie were there no assets at all or something? Also is it time limited?

I have had a friend who got spousal but her ex was a high earner (well into 6 figures ) and during negotiations her solicitor advised her to seek it but going to a contested court hearing would be very risky as the courts are very reluctant to award it.

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