Spousal Maintenance vs Universal Credit

[sallysm]

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?

Thanks for the laugh op, great comedy thread.

Seriously though - this is why you shouldn't end a marriage unless there's absolutely no bearable alternative. One family income doesn't magically split in to two adequate incomes. Your ex is highly likely to find a new relationship and have more dc and every time that happens your child gets less. And anything paid is for the child, not for you, and yes you do have to find a job. You want to be a sahm , stay in the marriage.

Wow. To be honest there's quite a lot of negative replies here. I do wander how many of you have been through the court process, and not just said fine, I'll accept UC and CM and deal with the rest myself.

When you read solicitor websites about SM, they always say, if there is a shortfall between your reasonable needs, and his ability to pay, then there is a case to argue for.

Now if he can get by I reckon, on £1300, and I'm short, then why shouldn't he pay more? Why should he be living with more surplus money than me? I read that marriage is supposed to enable some even split of things, including living standards, afterwards, if both can afford it. What else is he going to spend his extra money on each month, whilst I'm struggling? Sky Sports subscriptions and holidays? :/

And yes, I read that at age 3 I'm expected to work 16 hours a week, but how far does 'expectation' get you? You can't be forced to get a job, and you're def not finding one in this climate! My guess is a year or more before employment opportunities return to normal.

You're being a princess. Pack it up and look for work.

Has anyone here actually got SM awarded before? What were your circumstances? How hard a process did you have to go through to get it? Can you self represent or can must you use expensive solicitors?

@CandyLeBonBon As I say, unfortunately the jobs market is pretty weak. You can't just look for work. It's non existent at present.

Nope. There are jobs out there. I'd get looking if I were you

On the specific issue: child maintenance does not impact on Universal credit; however, spousal maintenance does. So for every £1 of spousal maintenance received a £1 is reduced from universal credit. It’s another reason why spousal maintenance awards less likely in low earners, because it’s effectively just reducing one parties money and not assisting another.

You are not going to get SM. It is so rarely awarded and if it is, it is usually for a limited time. You need to get a job and support yourself.

OP UC will sanction you if they believe you are not actively looking for work. So yes they can force you.

If you are so short of money how are you going to pay for an expensive legal case in which you are unlikely to win?

SM is awarded usually spouses of very high earners not those on £40,000 pa.

My sisters SIL was awarded it but only because she was able to prove her own career was put on hold as she was full time carer to their SEN child which allowed her DH ( he earned in the £380,000 bracket) to progress through his career to reach such a well paid position.

You want it simple because you don't want to work.

Is this satire?

My ex earns roughly the same as yours, perhaps more and only pays £100 per month for my child. Only because he has gone on to have numerous children though.

If you don’t meet your universal credit commitments ( which will depend on the age of your youngest child) they will sanction you and deduct from your money. I think if your child is under 3 you have to ‘prepare for work’ but updating your cv etc. Once they are 3 you are expected to be in work or they will make deductions. It may be because of corona that they have stopped making deductions for the moment, but they will start again.

The court will expect you to be claiming all benefits you are entitled to.
SM is rarely awarded.
Where abouts are you in the process? It sounds like your at the start and have done some research. Have you split from your husband yet or just planning at the moment? I suggest you get your u overall credit in as soon as you can. And although someone mentioned not being able to claim if you hold more than £6k , the figure is £16k, but they make deductions for any savings you have over £6k.

Why should he be living with more surplus money than me?

Because he works for it? 🤣

What else is he going to spend his extra money on each month, whilst I'm struggling? Sky Sports subscriptions and holidays?

He can spend it on whatever he wants to 😂 if he is paying child maintenance then he is meeting his obligations and the rest of the money is his.

I honestly don't know wether to laugh or cry at your attitude. Does it not occur to you that if you cannot meet your basic living expenses then you need to either lower those expenses or get a job to earn more?

Every other single mother in the country is in the same position as you will be in. They are either working and supporting themselves, or relying on benefits to support them, and many are on a combination of both.

Why are you any different? Genuine question!

He earns the money. He's obliged to support his child as are you. He is not obliged to support you nor can you avoid having to provide for yourself and the kid. Off to Tesco to stack shelves for you I think. Gravy train has hit the divorce buffers.

😂 thanks for the laugh OP.

SM when the other party earns £40k 😂

Plenty of jobs still available atm by the way in lots of sectors

Spousal maintenance hardly ever is awarded, usually only in extreme circumstances where one party is too disabled to work and the other is a high earner. Even then it's only for a set time to help the other person get back on their feet.

If there's equity in the house this is sometimes offered in lieu of spousal maintenance should it be awarded by the family court in exceptional circumstances.

Courts expect both parties to work. Getting divorced today is a very different picture to even the recent past.

Your exh has a responsibility to give you around (roughly) 10% of his earnings to support his children. That is it. There is no more from him, but you can claim universal credit when you start work (if you don't already).

A court may decide that if he has equity in the house this can be released when the youngest reaches 18, and you can stay put providing you can cover the mortgage.

If there is substantial equity the judge is likely to order it sold to provide two homes. This depends on your property and finances.

Whatever you do, do it quickly as only assets within 12 months of the form E being requested will count as assets. For example, if he realised you were thinking of divorcing this time last year and he decided to dispose of assets, he could. Because he legally doesn't have to declare transactions over a year old.

So get your ducks in a row, and get this rolling quickly before he disposes of assets.

I need to add, if your divorce is amicable and your exh is willing to help pay a bit more so you don't go without, and this does happen. Get him to pay it as child maintenance, this way you get to keep it as it's not deducted from benefits. It's not legally enforceable, only the base line calculation is.

Would he be renting once he moves out? He's unlikely to get a second mortgage until your house is sold or you can buy him out.

He will need to factor in rent of accommodation big enough to house his children/child, council tax, bills, running a car, maintenance, clothes, food, holidays etc.

You might find he's not willing to part with more that the minimum 10% (ish).

Is this post real?! OP, you are going to be very disappointed. I think you need to get job hunting ASAP.

@Howshouldibehave I think op is probably yanking our chains!

Your ex is only required to pay CM and costs when the child is with him.

The websites that you are reading sound like they are aimed at high earners.

Your ex will have more disposable income than you to do whatever he'd like with it.

Did you have any assets like a home? How much are your respective pensions worth?

Going to work is you best bet. You'll get up to 70% of the cost of childcare paid for and you'll be supporting yourself.

SM is intended as a temporary measure for long marriages eg wife trains for a couple of years to get a better paying job. It's not to bridge the gap between UC and the lifestyle you'd like.

Why do you think he should pay for you ? Yes for his child but you can get a job to make up what you need.

Also the reason he will have more to live on than you is he has a job and you don't.
So say you get a job and he losses his are you then going to pay the difference between yours and his wages.

This has got to be a wind up.

Nobody could possibly be this out of touch with how the world works, surely ?

If you are in a position to take this through the courts, where will the costs for that come from? Do you have savings for this as you will be staggered at the absolute waste of money it is. If you think you will claim that from your ex too, think again. It will just drain the pot.

Share your child with your ex and get a job on the days/nights you dont have him/her.

Get a fucking job.

How long do you think you will get SM for?