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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.

Original poster

Avoiding spousal maintenance

150 replies

Schleich · 22/07/2020 19:09

Hello,

I'm going through a separation at the moment, and we are trying to construct the financial settlement between us to be as fair and tax efficient as possible.

I am a relatively low earner, and would be entitled to a significant amount of universal credit - I have no savings or any other assets (nor does STBXDH) other than the family home.

I understand that child maintenance does not affect universal credit, but spousal maintenance does. Is there anything to stop us agreeing an artificially high child maintenance monthly payment instead of separate child maintenance and spousal maintenance payments, to avoid losing out on universal credit?

Also, STBXDH has suggested setting up a joint bank account (which only he will pay into as the high earner), which we are both able to use to pay for all costs relating to the children. Would this impact on universal credit? Does anyone see any issues with this?

Thanks!

OP posts:
Original poster
Schleich · 22/07/2020 23:00

Sounds like I should be trying to get all the equity in the house AND most of the pensions!

OP posts:
crimsonlake · 22/07/2020 23:01

You could opt to go for GlobalMaintenance where child and spousal is combined. Google it.
Sm is rarer now but it really does depend upon which part of the country you live in ironically. I was awarded lifetime Sm several years ago, I eventually managed to get it capitalised.
I agree, go and post on wikivorce, with their help I self represented in court 5 times to achieve a fair financial settlement.

millymollymoomoo · 22/07/2020 23:03

All the equity and most of the pensions hardly seem ‘fair’

If you go fir that expect him to reduce the child maintenance ( and on 50:50 that could be zero)

CayrolBaaaskin · 22/07/2020 23:04

How much does he earn? £800 CMS wouldn’t make him a high enough earner to pay spousal maintenance.

Holyrivolli · 22/07/2020 23:08

How much does he earn and how much are the school fees? With 4 kids this must take a considerable amount of money each year. State education would make the financial and housing position much easier for you both.

crimsonlake · 22/07/2020 23:14

£800 cm certainly would make him a high earner I believe. Mine was a high earner and managed to get away with paying £425 for two children if I remember correctly.
To be honest we need far more detail...your ages, length of marriage etc etc.

Original poster
Schleich · 22/07/2020 23:25

He earns around £100k.

We are mid forties, married pretty much forever - since we were about 20.

Private school fees are crippling, yes, but we are only putting them through secondary school privately, not primary or sixth form.

OP posts:
jigglypuffcookie · 22/07/2020 23:28

If you are entitled to universal credit then you should be able to get legal aid. Good luck

CayrolBaaaskin · 22/07/2020 23:33

Dunno how you will afford private school fees on that when you need to pay 2 mortgages. I don’t think you can leave him with no deposit - his housing needs must be taken into account.

I wouldn’t say that was high enough for spousal maintenance but you may be lucky.

TitianaTitsling · 22/07/2020 23:33

@Schleich

Sounds like I should be trying to get all the equity in the house AND most of the pensions!
Do you plan to ever be self supporting? Is your own earned income not enough to survive or not enough to support the lifestyle you think you are entitled to?
TitianaTitsling · 22/07/2020 23:36

I just think it's ridiculous you and STBXH clearly have money including fees for school but want to fudge numbers so you can claim benefits.

amy85 · 22/07/2020 23:38

Getting 40k out of the house will mean you won't get UC

amy85 · 22/07/2020 23:40

@Schleich

Sounds like I should be trying to get all the equity in the house AND most of the pensions!
How about act like a grown woman and not a gold-digger...surely it should be a 50:50 split and if you are sharing the kids 50:50 then no maintenance is needed
CayrolBaaaskin · 22/07/2020 23:41

Also not wishing to rain on your parade but would you be able to get a mortgage if you earn little enough that you will be eligible for UC? I think that’s unlikely.

2020wasShocking · 22/07/2020 23:42

Crikey, I was with someone for over 10 years but we weren’t married. We just worked it between ourselves including child custody etc.

Hope me and my new husband don’t get divorced as it sounds like a nightmare!

FrippEnos · 22/07/2020 23:43

I think that you are going to be disappointed in what you finally get.

You seem to be forgetting that your children's school fees will be included in any settlement amount that you get.

canigooutyet · 22/07/2020 23:51

There is no sense at all in having a joint account.

You will still be financially linked.
Mortgage company could still turn you down.
The money will be seen as income for UC
Can agree to these things between you, but has to be rubber stamped.
You will both be responsible for children's things in your own houses.
Clubs etc is what child maintenance is for and the ex could just pay you an extra £500 a month on top of any minimum set.

The house, each families set up is different. Sometimes the only way to move forward for many is to sell and rent.

And although he seems to have good intentions now, don't rely on the money. It's stops when they stop education at 18 usually; he could quit his job tomorrow; or of course he decides to go self employed; health issues.

unicornsarereal72 · 23/07/2020 08:19

@jigglypuffcookie legal aid is for those who are in a domestic abuse situation only. And then it isnt always easy to get

KarlKennedyisaterriblehusband · 23/07/2020 08:25

How about act like a grown woman and not a gold-digger...surely it should be a 50:50 split and if you are sharing the kids 50:50 then no maintenance is needed

Because his career has flourished while op took responsibility fir their joint children. If they had 50/50 responsibility during their marriage, he most likely wouldnt have been able to work the hours / locations he did to get to where he is now.

Bohemond · 23/07/2020 08:30

Sorry but you are total taking the piss. I (the taxpayer) should not have to fund your lifestyle via universal credit.

Spandang · 23/07/2020 08:32

OP you’re going to have more than £16,000 in savings if you walk away with £40k for the house.

This makes it likely you won’t receive universal credit.

Everything is amicable now, but what happens when he meets a new partner, has another child and can’t afford to pay £1k a month to you? What happens if he loses his job? What happens if you meet a new partner and he moves into your home and STBXH takes umbrage to that because he sees it as ‘he pays for it’.

You have to go into this with your eyes wide open and with legal advice.

You’re putting yourself in such a vulnerable position financially, but also you’re beholden to him. If he stops the money tomorrow - what then?

Muppetry76 · 23/07/2020 08:45

Legal aid is only available to a tiny number of people now, unless there is a huge backstory op you would not be eligible.

Also, if you are due equity from the sale of the former matrimonial home, and it will be solely used for another property for you and the dc to live in, I believe there is (or certainly was 6 years ago, pre uc when I was going through similar) a grace period where it won't affect your benefits.

And, for the benefit of PP - 'benefits' include such things (possibly formerly known) as child benefit, working tax credit, child tax credit which are rightly claimed by millions of working families, now lumped together as uc.

Benefit claimants aren't just dole scum trying to rip off the state and tax payers.

That said, it might be time to rethink the £££ spent on private education for 4 kids if there is not enough in the current kitty for both of you to be housed adequately.

dontdisturbmenow · 23/07/2020 08:46

Disgraceful! You're going to get £1500 in maintenance, plus you ft income (although not convince you really intend to go back ft) and yet you want more from the tax payers and looking how to commit fraud undetectable to do so?

millymollymoomoo · 23/07/2020 09:10

OP hasn’t disadvantaged her career. On her other thread she states when she returns to work full time soon she’ll be earning at the top of her field - it’s just a lower paid than her husband. He’ll also be having the children 50% of the time so needs equal housing to her. It’s not right he’s expected to rent a one bed fast while she retains a 4/5 bed house

Reality is there’s not much assets. These need to be split. Realistically your DH cannot afford to give you all the assets, plus then buy ( or rent) his own house suitable for needs, plus pay school fees and maintenance to you

Something has to give - probably school fees. He has greater mortgage capability so that will be given consideration - also need to consider whether he’s likely to be impacted re current economic challenges and if anything here could change over the next few years

The reality is you’ll all be much poorer by splitting, that’s how it goes and you need to adjust lifestyle

KarlKennedyisaterriblehusband · 23/07/2020 09:16

@millymollymoomoo

OP hasn’t disadvantaged her career. On her other thread she states when she returns to work full time soon she’ll be earning at the top of her field - it’s just a lower paid than her husband. He’ll also be having the children 50% of the time so needs equal housing to her. It’s not right he’s expected to rent a one bed fast while she retains a 4/5 bed house

Reality is there’s not much assets. These need to be split. Realistically your DH cannot afford to give you all the assets, plus then buy ( or rent) his own house suitable for needs, plus pay school fees and maintenance to you

Something has to give - probably school fees. He has greater mortgage capability so that will be given consideration - also need to consider whether he’s likely to be impacted re current economic challenges and if anything here could change over the next few years

The reality is you’ll all be much poorer by splitting, that’s how it goes and you need to adjust lifestyle

If op will be at the top of her field, how can she be able to claim UC?