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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

Spousal Maintenance vs Universal Credit

326 replies

sallysm · 16/01/2021 23:10

I'm confused about how courts balance an order for spousal maintenance (SM) against universal credit, given that receiving SM results in a £ for £ reduction in universal credit (UC).

For example, let's say someone without a job and 1 preschooler, says their reasonable needs are £1200 a month, and their husband is on 40k.

So the Ex has to pay about £400 child maintenance
That leaves a shortfall of £800

Does the court order the Ex to pay £800 SM? (leaving him to live on £1100) Or do they tell the person to claim the £800 (as possible) from UC instead?

OP posts:
movingonup20 · 16/01/2021 23:16

Spousal maintenance orders are very rare unless it's been a long marriage (over 10 years) they are a high earner (considerably more than £40k) and usually mitigating factors eg wife gave our career as his job took them overseas (in my case). Cms you should get as per calculator don't expect any more, you need to claim uc and go back to work once youngest dc starts primary school

PicaK · 17/01/2021 09:08

Spousal is very unlikely to be awarded on such a "low" wage.
What's the situation here? It doesn't sound like you're the UC claimant.
We can help more if you're clearer.

millymollymoomoo · 17/01/2021 10:04

It’s highly unlikely spousal maintenance would be ordered on that salary! Take home only about 2500 less any child maintenance
Other partner would need to get a job or claim benefits

teenage · 17/01/2021 10:07

I didn't think child maintenance was part of UC calculations?

StephenBelafonte · 17/01/2021 10:11

The OP is referring to spousal support, not child maintenance. OP courts don't really get involved in universal credit eligibility. Their remit is division of the marital assets. If your ex pays £400 child maintenance then he's not a high earner and won't have to pay spousal support anyway.

DoctorYang · 17/01/2021 10:15

I would presume the house & pensions would be divided, and therefore a UC claim may not be possible if you have more than £6k. UC will not cover mortgage payments either, so you may only get the basic amount for an adult and a child. If you private rent, UC will only cover the local authority set rent amount, not always your full rent.

Original poster
sallysm · 17/01/2021 13:44

So, my STBXH is probably on 40k. Online it says that's a take home pay of about £2300. Then he'd need to pay out £400 in CM. That leaves him on £1900.

I think my needs would come to at least £1400 actually (and that's keeping things minimal). So if I'd get £400 CM off him, I need another £1k to get by. From what I understand, UC would only bring in another £850 (if I'm out of work). And if he pays that as SM, that reduces the UC, so I still haven't met my needs.

Also I guess what I meant about SM vs UC, if someone goes to court asking for financial help from their Ex, is income available from UC counted before a decision is taken as to whether the Ex should pay SM? Surely the court would prefer the Ex pay any shortfall if it can be afforded, rather than the state pay it.

Also if my STBX has a take home of £2300, less £400 CM, he still gets £1900 to live on. And I think he'd be able to get by on £1300/month. So I disagree he couldn't afford to pay his remaining £600 as SM surely? My needs are greater than his, our child lives with me and my bills would be at least a few hundred higher than his each month. Whilst not trying to sound unreasonable.

About people saying get a job, you surely can't be ordered to get one, especially not in a pandemic and with high unemployment (who knows how long that'll remain for).

OP posts:
MrsWaititi · 17/01/2021 13:46

No chance of spousal maintenance on that salary.

It's incredibly rare unless the ex is a millionaire.

Purplewithred · 17/01/2021 13:54

Once you are divorced your income is no longer his problem. He is duty bound to pay child maintenance which is calculated as per CMS, but that is his contribution to your child’s living costs, not a payment for you personally.

You are responsible for your own income, so yes you will need to get a job if you can’t live otherwise.

If you were married is there any equity? Given the age of your child there may be some opportunity to split that a bit more in your favour.

bluebluezoo · 17/01/2021 13:58

No. You aren’t married. He has no obligation to give you money. Only the child.

Either you need to cut down your expenditure to within your income, or earn more.

Does he want to see the child?

Micah · 17/01/2021 14:00

You do realise if he has the dc overnight it reduces the maintenance owed.

What if he wants 50:50 care? Then you get no CM. What would you do then?

millymollymoomoo · 17/01/2021 14:25

He won’t be expected to pay spousal on that salary
He’ll also need accommodation to house himself and child plus money to live on

Do you have any assets to split?

You are being naive IMO if you think you’ll get spousal

You will need to get a job or support you

WhatWouldPhyllisCraneDo · 17/01/2021 14:28

I think my needs would come to at least £1400 actually (and that's keeping things minimal). So if I'd get £400 CM off him, I need another £1k to get by. From what I understand, UC would only bring in another £850 (if I'm out of work). And if he pays that as SM, that reduces the UC, so I still haven't met my needs.

Welcome to life as a single parent.

SnickersnotMArs · 17/01/2021 14:29

Is this post actually real? “Your needs being met”.

It sounds terrible.
£400 CM is a lot of money and just to burst your bubble there’s many parents that get a lot LESS FOR ONE CHILD.

You sound a bit greedy Blush

Idontgiveagriffindamn · 17/01/2021 14:32

It’s irrelevant what you think he could live on. He’s working also the money he earns is his. His only obligation is to pay child support.
Why do you think he would have to pay spousal maintenance?

ivfbeenbusy · 17/01/2021 14:34

Yeah you've got zero chance of being awarded spousal maintenance on that basis. He'd need to be Earning more like £4MILLION

And as for your "needs to be met" - suggest you get a job that meets those "needs"

Courts these days take a dim view of women who refuse to work and expect to sponge of their ex partner whether we are in a pandemic or not

Simonfromharlow · 17/01/2021 14:45

My ex h is a high earner and I was only entitled to spousal for very short amount of time just to get my self on my feet. It was a matter of months. You will not be awarded spousal on 40k. You will need to claim the UC and they will expect you to get a job depending on the age of your child. Commitments are suspended at the moment due to coronavirus so you won't need to find one straight away. eventually though when things are back to normal the job part will be required. Welcome
To being a single mum. It's hard work but ultimately rewarding!

user184628462 · 17/01/2021 14:52

Surely the court would prefer the Ex pay any shortfall if it can be afforded, rather than the state pay it.

Why?

he still gets £1900 to live on. And I think he'd be able to get by on £1300/month. So I disagree he couldn't afford to pay his remaining £600 as SM surely? My needs are greater than his

Sorry, what?

unicornparty · 17/01/2021 15:00

You're v v v v unlikely to get spousal maintenance from someone on 40k op. You'll need to earn your own money.

foxhat · 17/01/2021 15:03

OP I am a little confused. How did you calculate your needs? Is the custody split not 50/50 and if so how much of the time do you have your child? Why do you think your OH can live on less than you can? Is this something to do with how much of the time you look after your child? It costs money to work - e.g. suits/ commuting. Have you taken that off your OH income? Are you thinking of getting a job yourself too?

nimbuscloud · 17/01/2021 15:03

God bless your optimism!

Pillowcase123 · 17/01/2021 15:06

Spousal maintenance is extremely rare and very, very unlikely to be granted on a £40k wage.

You need to get a job or look into alternative options. Child maintenance can be worked put via the online calculator

MichelleScarn · 17/01/2021 15:07

Or... rather than Surely the court would prefer the Ex pay any shortfall if it can be afforded, rather than the state pay it. surely you'd rather support yourself? How old is ýour dc, and its rather sad you are focusing on your 'needs being met'.

RoseMartha · 17/01/2021 15:31

My ex pays CM.
He is on less than your stbex.
CM does not count towards your UC
You would probably need to look to getting a job for 16 hours a week especially after your dc is school age.

Lots of things factor in for a FO such as do you own a house/flat together, your pensions and other money etc.

However I was told by my solicitor that SM is very rare.
The solicitor can put something in the FO, whereby SM is £1 a year. Which is not paid but if circumstances change drastically. Eg your child developed a long term illness that meant you could not work, you are then entitled to go back to court and ask for a bigger payment from your ex but it does not mean that it will be granted.

I think to expect your stbex to pay you SM for what you are asking is unreasonable. You will be expected to either work or manage on your benefits you are entitled to or a combination of both.

Love51 · 17/01/2021 15:34

You are coming at this backwards. No-one says 'op needs £xk, how shall the government and ex split funding her'. You are entitled to an amount of maintenance to maintain your child, plus you may be entitled to UC if you are unable to work. But UC is what it is, you don't get to plead your case and say you need more. You get to cut your cloth according to your purse.