Spousal Maintenance

[FabulousUsername]

If children are A level/University age and both parents are working, would maintenance typically be part of a divorce settlement?

Assuming the man is the higher earner but the woman works part time on minimum wage, I would have thought that she would be expected to try to up her own income rather than expecting the ex to provide.. am I wrong?

I had thought that a split of assets 60/40 in the wife's favour plus an equal share of pension and a clean break otherwise would be fair, as they'd both have sufficient to buy smaller properties. Just wondering if it's possible that a woman could expect be supported by an ex husband for the next 10 years, until the pension can be taken?

I'm asking for a friend. My own divorce was a straight 50/50 split and I was advised not to of asking for ongoing contributions from my ex even though he earns more than me.. I'm concerned that friend will rack up big legal bills finding out that she has no case.

I'd be surprised if anything other than a clean break was ordered in these circumstances. In any case only high earners are ever ordered to pay spousal support.

Why does she think she'd get more than 50%?

Thanks Notsuch! My understanding was that 50/50 was standard, It's just been playing on my mind. She has had depression over the years and I don't know if she thinks that this would entitle her to special treatment. I think she's using this as reason she can't increase her hours, may be true but there is no official diagnosis so to speak. I think this is why 60/40 is agreed, my concern is the ongoing maintenance seems excessive to ask for on top! The ex is not a super high earner either.

As he instigated the split (several years ago) I think she may want some sort of revenge via the settlement -- this is why I'm concerned that the only winners here will be the lawyers if she insists on taking it to court.

It’s based on need
If it is as you state and a 60% would adequately house her it’s most likely a clean break would be awarded
however other factors will come in such as length of marriage, ages, earning capacity which could mean there is a valid claim for spousal but she would still be expected to improve her own earning capacity

Spousal is vanishingly rare and based on what you’ve said there is very little reason that she would be awarded it. She’ll be told to work full time.

How much of a higher earner? Double or twenty times may make a difference.
Can she show she sacrificed a high flying career to support his?
Is she disabled and unable to increase her work capacity?
Even if one of those is true spousal is unlikely. Everyone is going to have a cut in life's post divorce and I don't blame
I earn 30k. Ex gets 80k. When we met 20 years ago I earned more than him. He will argue I got 60/40. Realistically more 50/50 of total assets but 60 %of house value.
A lot of peeps though use anecdotal evidence from 20ormore years ago when the expectation was different and want it now...

She might get a small amount of SM for a limited period (she might be able to argue persuasively that she needs a year or two to retrain/refresh skills so she can re-enter workforce with considerably greater earning potential (ie closer to what she might have been earning had she not interrupted career time raise the DC)

Young women are very unlikely to ever get SM other than a transitional arrangement

50/50 isn't the starting point for the court if one parent has had a greater burden of childcare, and not least if this has affected employment prospects over the years which may well have boxed someone into lower paid jobs. 60/40 would be more usual even 70/30. Whilst clean breaks are preferable spousal maintenance is a thing, or can be, especially where there's a large discrepancy in income and a longstanding marriage.

Thanks all. Seems like there are differing opinions depending on circumstances and perhaps she should just go along with what her solicitor feels is (arguably) fair... My concern is that, between them there is not a lot of equity/cash, and while I'm not sure how she's funding the solicitor, if she runs up a 20k bill, for example, that would take a big chunk of her cash if she pursues it through court and isn't successful.

Her Ex H earns about double what she earns (not a huge amount, she still claims Child Benefit for the younger DD) but he has been paying all of the household bills so effectively her salary is hers to spend, they probably have equal amounts of personal money. I think she would like that standard to continue.

She can’t expect the same income as him. She can expect to have her needs met, primarily via a clean break. But her needs will be based on her maximising her income. She is probably in a position to work FT, even at minimum wage. If she can’t then she will need to demonstrate reasons why.

Having depression isn’t a de facto reason not to work. It’s treatable and manageable. Does she get PiP ?

If he’s not a particularly high earner then that will weaken her claim
She can’t expect the sane standard of living post divorce as the same about if cash and assets will be split.... it’s unlikely he will have to pay spousal to give them exactly the same income. She’s likely to get larger share of capital

For me it was as Notsure said. Long marriage and 5 years of cohabitation before marriage. I sacrificed my career and damaged my career prospects in the process (he had a Big Job). I got more than 60% of the equity, big pension share and spousal maintenance. I do work full time but the judge said her aim was to give us equality at the point of divorce.

Tell her to get a better job and her own income and stop been a leach !!!

If your xh spends all his money after separation so there's nothing much to share as part of a clean break settlement but he's still earning pots of money you can get spousal maintenance to address the overall discrepancy in income. It's only rare because courts and most people want a clean break but it's certainly done in some instances.

I have been advised I can get 60% of assets and modest maintenance because I gave up my career for his and our dd is autistic (high functioning and hopefully will move out in a year) but I'm not pursuing it, I want a clean break, he's providing maintenance until the house sells only

Ps he's a higher earner

Clean break is much preferred by judges wherever possible.

This situation is definitely clean break. If your mate wants more money she needs to get a better job

Is he only on around £20k a year?

@BatshitCrazyWoman I'd be interested in more info. My high earning STBX is adamant we should have 50:50 but my income is under 10% of his and I will continue to have pretty much FT custody of the kids (7 and almost 12). I want to stay in the house for 3/3.5 years until youngest is done at primary then happy to sell but obv it is unlikely I can get a mortgage at that time. We have been lucky with property and it's currently mortgage free. Advice gratefully received! Has he had bad legal advice or is he bluffing me? Says maybe some SM for 2-3 years - but still I can't work FT at that point - school holidays are a real mare

It is 50% of what was earned during marriage. Not 50% of everything

Karma1979

It depends on the big picture and how much assets there are, and on his level of income.
If you work already and he is high earner - you may argue successfully for spousal maintenance. At least until kids are at school.
It will depend on your, his needs and kids needs - from your expenses on Form E - vs his income and your income.

As to the house - unless his share of assets is large enough to buy a comparable property in value - you won’t be able to keep it.
You can try to agree with him that it’s w really bad time to sell and waiting may give you a better price.

I have literally just got my consent agreement approved by court after a 20 year marriage. Split was pretty much 50/50 despite me earning a lot more than she does.

I have been offered spousal maintenance at a rate that I can live comfortably but not super comfy but only until he retires.
He has a good pension pot and a very successful business.
We have been together for 30 plus years and married for 20 yrs.
2 grown up kids left home.
He wants me to have no claim over his business when he sells, does this sound right to you ?!

Plus no claim to his pension pot , I do not have any private or occupational pensions

Gummy
What do your lawyers say?

As far as I understand - the decision on pension share depends on many factors. What do you have as a share of assets? Is it enough to provide for you after spousal maintenance stops. What about your housing needs?

If you are in England - I think the business is considered marital asset. So - it’s included in the calculation of the total assets. He can retain his ownership of the business, if you then receive a larger share of al assets.
So his desire to share the value of the business with you is unlikely to become reality

When I got divorced I was told spousal maintenance is very rarely paid now, cheeky fucker of exh tried to get me to pay him maintenance as I was working & he wasn't, Judge told him & his dickhead solicitor to go & do one.