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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:
Original poster
sallysm · 20/01/2021 20:57

@BillMasen I'm after experienced, sound advice about what to expect. That sort of comment really doesn't add much.

OP posts:
crossfitjunkie · 20/01/2021 21:08

I don't think you can expect parity of income to him if you choose not to work. 40k is a fairly modest salary for SM and CM.

During my divorce i was told that judges look favourably on women seen to be helping themselves through work. I don't know how true that is. But i worked and paid my own way. I got my settlement. 2DC and no CM despite him earning significantly more (i was PT) because of shared care. I was on benefits to top up. I now work FT and out earn him by some margin.

My partner does pay a small amount of SM. He is a high earner. His ex wife works but earns much less. Also she is older than him and was seen to have less time to recover from the divorce financially re her pensions etc so this would tide her over and allow her to make provisions. All agreed at mediation pretty amicably and no courts of lawyers involved.

BillMasen · 20/01/2021 21:11

[quote sallysm]@BillMasen I'm after experienced, sound advice about what to expect. That sort of comment really doesn't add much.[/quote]
You’ve had lots. Some from me, most from others.

We can read your replies and it’s clear you’re either not lister not liking what you’re hearing, or on a wind up. I’m not sure which

Original poster
sallysm · 20/01/2021 21:15

I'm sorry you think that. I do appreciate the replies I've had, I guess I need now to have a think about the options based on everything people have said.

OP posts:
Thisonemaybe · 20/01/2021 21:23

[quote MessAllOver]@MiddleClassMother. Grin I agree... she does seem a bit "grabby".

I've always had an issue though with men (and it is mostly men) who are happy to take advantage of their partner's unpaid labour and leave all the chores and childcare to them while they build their careers. Then, when the marriage breaks down, the spouse is 'lazy" and should shut up and get a job. Fairest solution in those circumstances seems to me to be for the working parent (usually dad) to take the children and balance childcare and career while the former SAHP (usually mum) has a few years to focus on building up their career without having to worry about the children and the school run.[/quote]
Actually I think more would take this up if they still got the nights and weekends. So if the dad came and picked them up in the morning having made them a packed lunch, took them to school/ childcare, picked them up and dropped them back when you got back from work, that would be great. If he'd done the hoovering and cooked tea even better Wink. So you could focus on studying or work for that career like he did without missing out in seeing your kids while you do, yes that would be the ideal.

FourDecades · 20/01/2021 21:31

2 DS. XH earned 3x my salary and his pension was worth 6x mine.

I off set the house against his pension BUT l had to take on the remaining mortgage payments myself.

I get child maintenance, tax credits and also work.

Solicitor wanted a nominal SM of £1 a year written in the Court Order incase l wanted to go back to court in the future as DS1 has a life long Disability. We went back and forth arguing over it until l said drop it.

Wannabegreenfingers · 20/01/2021 21:50

After reading the whole thread I'm going to bite. GET A JOB!! There are jobs even in a pandemic. Your ex husband need pay you no more than child maintenance. You will not get SM, he is not a high earner.

RoseMartha · 20/01/2021 23:18

What job did you do before your dc? Is that line of work still advertising in the pandemic?

As others have said about their jobs. I hate my job also. I do only work part time but one of my dc has SN. It is low paid and most of the time boring. But you do what you have to do.

Get the free advice first and when you are armed with the information then you can make a decision.

But you will need to look for work and you will not get SM.

BlueThistles · 21/01/2021 00:13

Go to court... the Judge will love you

Rtmhwales · 21/01/2021 00:42

What has XH said about how much time he wants your joint DC overnight? Even the bare minimum of every second weekend will reduce your CM and depending on age 50/50 isn't unheard of (and would enable you to work..).

My divorce, which was fairly simple actually, cost over £6k.

Ghostella · 21/01/2021 01:00
Shock
DitherFlicker · 21/01/2021 05:11

If you are successful in a Mesher order, you will pay the mortgage but his name will remain on it and he will be entitled to half proceeds on sale when youngest child finishes FE. Possibly your solicitor can get an agreement that some of your mortgage payments between now and then will be taken into account when the sale proceeds are split. Equally his solicitor may apply for you to pay rent to your ex (for occupying 'his share' of the property), from now until the house is sold. So you could end up paying the full mortgage every month..... and monthly rent to your ex on top.

crossfitjunkie · 21/01/2021 08:00

Also OP the greedier you come across (i am not saying you are am just saying if you risk portraying that) they will push very hard on their side for a clean break order.

dontdisturbmenow · 21/01/2021 10:54

Don't forget that the cost of a house is not just the mortgage. There needs to be maintenance and repairs included and this can add quite a bit.

A Merger order is messy, you get to stay in the house and pay to live there but if you decide to default, he gets all the consequences.

Original poster
sallysm · 21/01/2021 11:20

A few of you have mentioned about pension. Is it the case that whatever he's accrued up to divorce, can be split, and I get a lump sum of it? Or is it the case that until he retires, he pays into his own pension and into mine? Or that upon his retirement, his pension is split and I get a percentage? Sorry, I appreciate that may be off topic, though it's still kinda related to maintenance.

OP posts:
NorthernSpirit · 21/01/2021 11:28

@dontdisturbmenow

Don't forget that the cost of a house is not just the mortgage. There needs to be maintenance and repairs included and this can add quite a bit.

A Merger order is messy, you get to stay in the house and pay to live there but if you decide to default, he gets all the consequences.

The last paragraph isn’t correct.

If a Mesher order is ordered, then the person living in the house is responsible for the mortgage and upkeep.

If the EXH has to remain on the mortgage they are indemnified should the EW (in this case) default on the payment. The consequences of default are with the ExW.

BillMasen · 21/01/2021 11:31

@sallysm

A few of you have mentioned about pension. Is it the case that whatever he's accrued up to divorce, can be split, and I get a lump sum of it? Or is it the case that until he retires, he pays into his own pension and into mine? Or that upon his retirement, his pension is split and I get a percentage? Sorry, I appreciate that may be off topic, though it's still kinda related to maintenance.
Broadly what would happen is both pensions are added together and split, so yours goes into the pot too. If the split means you get some of his, then it’s transferred to you but it’s still a pension pot so you can’t access it until retirement.
millymollymoomoo · 21/01/2021 12:22

A pension sharing if awarded would be done at time of consent order and you have to invest in your own pension. You don’t get cash to spend
Generally would be based on value accrued during marriage

WellIWasInTheNeighbourhoo · 21/01/2021 12:41

I got SM for a few years post divorce but my ex was on a 7 figure package. However I also earned a 6 figure salary when we married and had given it up to care for our special needs DC and get posted all over the world for 10 years with his role. I had been out of the workforce for over a decade when we divorced.

What worked for me, and would apply to you too, was to have a lump sum included in the settlement for retraining. I did a one year Masters and was working (part time) within two years of divorce. This is what you need to consider doing if you want to lift yourself out of poverty.

If you possibly can make an amicable agreement with your ex, hopefully he will be generous enough for a few years to get you back on your feet and just use lawyers to have it signed off by court.

Going through the courts with a contentious divorce is extremely expensive. You will have to find a way to fund your side, and its doubtful in my opinion you would be better off for it unless the assets and/or income are a million £ plus.

RoseMartha · 21/01/2021 13:43

In my divorce there was a pension sharing order where I got a small percentage of his pension.
This meant that his pension was split to the required amount. He still pays into his pension. He does not pay into my part of the pension as the fund was divided and I was given my own pension account within the company it is with. I was advised to leave it as it is. But that is my situation someone different might have been advised something else

PicaK · 21/01/2021 19:19

A couple of finance points. If you're on UC
Council tax will drop to 25% for 1 person household. And then a lot more off for having a low income. Apply as soon as you get UC.
You'll get free school meals
You'll get free dental treatment and prescriptions from the pharmacy
It all adds up, makes things easier
There's the rent a room scheme as well - I don't think it counts as income.
If the house sells then you have a grace period of 6 months where you can keep your share of proceeds in savings. It won't affect your universal credit. And you will get help towards rent. (There's an amount set by each council based on need.) After 6 months your savings will prevent you claiming UC.
But beware many people won't rent to those claiming UC.

Doyoumind · 21/01/2021 20:06

Single person council tax is 75%. In my area at least, simply being on UC doesn't mean you qualify for reduced CT. You can be on the max UC but still not qualify.

WhatWouldPhyllisCraneDo · 21/01/2021 20:09

@Doyoumind

Single person council tax is 75%. In my area at least, simply being on UC doesn't mean you qualify for reduced CT. You can be on the max UC but still not qualify.
Pretty much the same here. I'm so fed up with people claiming single parents on benefits get massively reduced CT. I get the 25%discount as a single adult. Then because I'm on benefits I get a further reduction of about £3.50 per week. Its better then nothing, but its hardly "a lot more off" Hmm
VinterKvinna · 21/01/2021 20:16

@sallysm

No, I'm just making sure I do the right thing to help provide, and that means considering all possible avenues. It's not the easiest thing when you've got a child and a pandemic on your hands. And not everybody wants to work in a supermarket either if you have to work. Then what happens when you also just get turned down at interviews, or not even to that stage.
No, not everybody wants to work in a supermarket, pretty sure most of the people who do, aren't there for fun
VinterKvinna · 21/01/2021 20:20

@sallysm

A few of you have mentioned about pension. Is it the case that whatever he's accrued up to divorce, can be split, and I get a lump sum of it? Or is it the case that until he retires, he pays into his own pension and into mine? Or that upon his retirement, his pension is split and I get a percentage? Sorry, I appreciate that may be off topic, though it's still kinda related to maintenance.
Why would he pay in to your pension until he retires?

You are not a family any more

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