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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.

Divorce/spousal maintence

100 replies

BB1991 · 27/01/2021 17:50

Hi,

looking for people who have been through a divorce, my friend is going through a divorce and she seems to think she can make a claim for Spousal maintence despite him already paying CM and a partial contribution to the rent, She is refusing to work.
he is on a 5 figure salary.

what are peoples thoughts/personal experience with this sitatuon?

He has 2 children 1 on the way with a new partner and assetts to split.

OP posts:
MrsBertBibby · 27/01/2021 18:08

She needs to talk to her solicitor. No one here knows the facts.

bruffin · 27/01/2021 18:39

5 figure salary is as little as 10K a year Hmm that will go a long way

BB1991 · 27/01/2021 18:44

Salary of 40,000/50,000 once all of assets are sold/divided?

and the facts i can give are as stated and she is refusing to go to work. She expects him to not have any house hold bills or any bills for himself. and atleast 3,000 a month?

OP posts:
BB1991 · 27/01/2021 18:46

she is also on universal credit and can now afford to pay her essential bills and she earns cash in hand,

i just have seen people on here saying spousal M is extremely rare and was wondering how much truth is in this

:)

OP posts:
WhereverIGoddamnLike · 27/01/2021 18:49

She isnt getting spousal maintenance from a salary if 40K a year.
She'll get her share of the assets and child maintenance. Who is making him pay a share if her rent?

VinterKvinna · 27/01/2021 18:50

Maybe some useful information here?

www.mumsnet.com/Talk/divorce_separation/4138162-Spousal-Maintenance-vs-Universal-Credit

VinterKvinna · 27/01/2021 18:51

@BB1991

Salary of 40,000/50,000 once all of assets are sold/divided?

and the facts i can give are as stated and she is refusing to go to work. She expects him to not have any house hold bills or any bills for himself. and atleast 3,000 a month?

Shes going to end up homeless and hungry if she refuses to go to work
mummytooneprincess · 27/01/2021 18:55

I have a friend that gets spousal support ( until her youngest child is at school) plus child maintenance. No money towards rent, bills etc. It's all factored into the above

BB1991 · 27/01/2021 18:57

@mummytooneprincess really? was he on a high wage? and on for a set term whilst she finds a job ect?

x

OP posts:
BB1991 · 27/01/2021 18:58

no one is forcing, he is doing at a good will until she finds a job, he has decreased his contribution massively purely on the basis he can not afford it, while he is out working 6 days a week!

OP posts:
Belinda554 · 27/01/2021 18:58

Spousal maintenance is deducted from UC. Plus it prevents her from cohabiting with another.

He doesn’t earn enough to pay it.

BB1991 · 27/01/2021 19:03

@Belinda554

I didnt think so though obviously she is convinced she is entitled to it and she should not work.

OP posts:
mummytooneprincess · 27/01/2021 19:03

[quote BB1991]@mummytooneprincess really? was he on a high wage? and on for a set term whilst she finds a job ect?

x[/quote]
She has a job but only 16 hours. I think the idea is that her youngest restricts her working and in turn earning ability at the moment. Once he's at school she'll be able to work more hours and earn more so the spousal support will stop. She gets UC also.
I'm not sure what he earns but more than £50,000.

BB1991 · 27/01/2021 19:05

@mummytooneprincess just re read until they are at school .

in this case his eldest is about to start secondary school. youngest is in primary school about to be KS2 in september i wonder if that makes a difference?

OP posts:
combatbarbie · 27/01/2021 19:05

Your friend is going to get a massive shock....

BB1991 · 27/01/2021 19:09

@combatbarbie

I know, thats what worries me, she needs to start looking for work. Her ex partner has moved on and is expecting there first child together. they have been seperated for 2 years i know its quick but you can not live of an ex forever! hopefully when i show her this she might snap out of it??

OP posts:
WhereverIGoddamnLike · 27/01/2021 19:10

Was that an incredulous tone there? You think that decreasing the amount he pays is wrong because if he works 6 days then he must be able to afford it so he must be lieing?

Are we talking about you, rather than a friend?

He pays child maintenance, she will get her share of the assets. He isnt a high earner so he cant support 2 households. She/You needs to start working, like every other single parent.

Ostryga · 27/01/2021 19:13

Are you the ‘friend’ of the other poster who’s story was the exact same as your ‘friend’s’ and was told repeatedly your ‘friend’ wouldn’t get a single penny of spousal?

BB1991 · 27/01/2021 19:18

@WhereverIGoddamnLike
Hi :)

no this is not about me thank goodness i do not envy this situation at all. I am actually good friends with both sides of the party i am trying to explain the situation with out being bias. So we can get an opinion which isn't slagging off the other party.

Thank you for your info :)

OP posts:
Cairnterrorist · 27/01/2021 19:19

You’re not much of a friend to her op.

BB1991 · 27/01/2021 19:21

@Ostryga

Sorry for the confusion this isnt about me, i am friends on both sides i have just explained in another post!

I am trying to get as much info as possible from peoples experiences rather than online, that is all :)

OP posts:
BB1991 · 27/01/2021 19:22

Yes that seems fair whilst the child isn't at full time school and understandable!

Thank you for your info :)

OP posts:
LApprentiSorcier · 27/01/2021 19:23

he has decreased his contribution massively purely on the basis he can not afford it, while he is out working 6 days a week!

Sounds more like he is working all-out to afford the 'goodwill' payments he is making to his ex, plus the imminent expense of the new baby that's on the way.

Cairnterrorist · 27/01/2021 19:24

You should show your friend this thread

www.mumsnet.com/Talk/divorce_separation/4138162-Spousal-Maintenance-vs-Universal-Credit

BB1991 · 27/01/2021 19:25

@LApprentiSorcier

As in you believe it is a fair contribution at this moment in time or you feel unfair and should be paying more?

:)

OP posts:
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