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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.

Spousal Maintenance?

312 replies

Unknown83 · 25/01/2022 15:44

I've begun discussing a financial settlement with my STBXW and we've come to a sticking point on spousal maintenance. Fairly normal disagreement I guess, she thinks she should get 62% of the assets (around £170k) and spousal maintenance for life whereas I think after the 62/38 split we should have an immediate clean break. I'd be grateful for other people's experiences and what a likely settlement would look like:

Me: Husband, age 40, earn £90k approx
Her: Wife, age 39, SAHM retraining, earning capacity of around £20k and potential to earn more over time (with the right incentive!)
Marriage: 11 years
Assets: Equity £100k, Pensions £150k. Other than mortgage, only outstanding debts on cars with net asset value of around +£24k.
Children: 3 (all boys aged 6, 8 and 12). Split will be 8 nights her and 6 me.

We're generally agreed on an asset split. She'll get £80k equity, her car and loan with net £15k value and £75k pension and I'll get £20k equity, my car worth £9k net and £75k pension.

The sticking point is on spousal maintenance. I'm of the opinion that once she's got her income (around £1,400 net), universal credit (around £500 net) and child maintenance from me (around £750 a month) then the total of £2,650 should be more than enough to live on without "undue hardship." I'd also have to pay her well over £500 a month for spousal maintenance to be worthwhile because universal credit drops £ for £.

I should also explain that to get my good salary I have to spend around £6k a year commuting to London. So after taxes, commuting, continuing to pay for things like private medical insurance for the children and child maintenance my monthly income is only going to be £800 more than hers a month and as she's getting something like £70k more in assets from me and my mortgage interest is going to be a lot higher than hers for years I think that is fair enough. I've worked out it will be at least 9 years before I catch her up and that's assuming she doesn't progress in her career (she did not have a career to compensate prior to children either, she was doing a minimum wage job before the children were born).

Her opinion though is that she shouldn't have to work until DCs are in secondary school, that she should have a higher income than me to be "fair" and that when child maintenance stops I should carry on paying her to make it "fair" because she's had to "stay at home to look after the children and sacrifice her career." My counter argument is that I want the children 6 nights in every 14 including week nights so she can go and get a job like everyone else.

One other thing to add is that I won't see much of the last £15k of my salary already. £6.5k will be tax, £6k will be commuting costs and about £2.25k will be child maintenance so I'll get about £250 of it! Not a lot for the 4 hours of commuting on office days (and I'm not sure where I'll find the time to run a household on my own even though I can WFH for my days with the kids). I've warned my wife that if she pursues the spousal maintenance issue then the logical thing for me to do will be to quit my London job and take something locally where my earning capacity would be closer to £60k per annum and her child maintenance would drop substantially. Presumably a court would consider that a reasonable adjustment so that I can spend more time with the children rather than slaving away to fund a lazy ex who refuses to get a job?

OP posts:
CrimbleCrumble1 · 01/02/2022 17:06

OP I suggested giving her a larger share of assets, I’m pleased you now have a plan.

RandomMess · 01/02/2022 17:34

That's a great update.

Looks like she will accept a clean break.

Unknown83 · 01/02/2022 17:49

@RandomMess

That's a great update.

Looks like she will accept a clean break.

I think it will depend on how the housing works. The housing situation could be a real mess. The FMH is not in a great condition, terrible plumbing and I reckon it will need substantial repairs in one expensive area before DCs are all fully grown. I'm hoping STBXW agrees it makes more sense to move into a smaller, newer property that is cheaper (in terms of price, running costs and maintenance).

Worst case from my perspective is she gets to stay for a long time with me on the hook for a share of the maintenance. However, she's not said she wants this and I suspect if she does the same as she did for spousal and gets some independent advice she might be put off as I can't see it being a good deal for either of us if there's an alternative that can be carved out gives her the ability to have her own place permanently.

OP posts:
Whatonearth07957 · 07/02/2022 18:08

Good grief... Avoid mediation. Get a decent enough solicitor and go to court. Put a decent offer down and hold. You will both need enough cash to house DC. There's unlikely to be SM above STBEW getting some sort of job. You may not have a total clean break but it's all do'able. Get access sorted. You're ok. No one is going to be interested in the minutiae. You won't be left hiding the can just grey rock with a decent offer if splitting and if the marital home has to be sold to allow equality it needs to be done. Sorry you are going through this. Solicitors are your friend.

RedHelenB · 08/02/2022 13:27

@Whatonearth07957

Good grief... Avoid mediation. Get a decent enough solicitor and go to court. Put a decent offer down and hold. You will both need enough cash to house DC. There's unlikely to be SM above STBEW getting some sort of job. You may not have a total clean break but it's all do'able. Get access sorted. You're ok. No one is going to be interested in the minutiae. You won't be left hiding the can just grey rock with a decent offer if splitting and if the marital home has to be sold to allow equality it needs to be done. Sorry you are going through this. Solicitors are your friend.
Solicitors really aren't your friend.
HandyGirl76 · 08/02/2022 14:37

Try and avoid a for life spousal settlement. My husband has one with his ex-wife (they were married for 8 years) and it's like a noose around our neck. We can't change it as he's worried she'll come back for a capital lump sum. She's never worked because she doesn't have to. If drives me mad (I do work and resent paying for her laziness).

Unknown83 · 08/02/2022 16:36

@HandyGirl76

Try and avoid a for life spousal settlement. My husband has one with his ex-wife (they were married for 8 years) and it's like a noose around our neck. We can't change it as he's worried she'll come back for a capital lump sum. She's never worked because she doesn't have to. If drives me mad (I do work and resent paying for her laziness).
I'm guessing that was a very long time ago to be awarded spousal maintenance for life, or perhaps they were already into their 50s and nearly retirement?

From what I've heard from my solicitor, indirectly from her solicitor and from various responses on various forums she will be laughed out of court and told to get off her bum and get a job if this went to court.

OP posts:
HandyGirl76 · 09/02/2022 11:56

It was about 15 years ago.

HandyGirl76 · 09/02/2022 11:56

And in London where it's more generous apparently.

Unknown83 · 09/02/2022 18:35

@HandyGirl76

It was about 15 years ago.
It makes a big difference because back then spousal maintenance didn't cause benefits to be reduced. Now they do. In fact unless your ex is paying her well over £1k it is probably not worth her receiving it unless she is cheating on her benefits.

If she also claims benefits, make sure your ex is putting SPOUSAL MAINTENANCE in big caps on the bank transfers and then seek a variation. If she makes a fuss, threaten to report her to the DWP for not declaring.

OP posts:
RedHelenB · 10/02/2022 06:22

I've a feeling @HandyGirl76 that SM avoided your now dh from having to share more assets of you're worrying about her claiming a capital sum.SM is done on your husband's earnings so don't worry that you're paying for his ex, you're not.

Unknown83 · 11/02/2022 15:21

@RedHelenB

I've a feeling *@HandyGirl76* that SM avoided your now dh from having to share more assets of you're worrying about her claiming a capital sum.SM is done on your husband's earnings so don't worry that you're paying for his ex, you're not.
Not strictly true if the case is needs based. A court might consider his needs to be less if he is sharing a home with another adult and therefore he has more capacity to meet his ex's needs.

Definitely something to be avoided, even if it means giving up more of the assets at the beginning.

OP posts:
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