Spousal Maintenance and Cohabiting

[FVFrog]

Does anyone have any experiences of their spousal maintenance being stopped/changed when moving in with a new partner (not marriage). Does ExH have to take me back to court to ask for change in payments?

Someone paying spousal maintenance can apply to court to have it reduced or dismissed at any time. I had joint lives spousal maintenance and my exH took me to court to challenge it after five years. There was absolutely no change of circumstances on either side. He was actually earning more. I fought for and accepted a final settlement to get rid of it hanging over my head.

I don't believe you are 'safe' when receiving spousal maintenance even if it's not in your consent order although your exH would have to know about the cohabiting and have to bring a case. It's unlikely that you would be able to maintain the status quo if someone was contributing to your expenses in a committed relationship.

*Hence the spousal maintenance.
If a clean break had been possible the equity split would likely have been an extra 250k in my favour which I would have used for income for the 10 year period which takes me (almost) to retirement. The 10 year spousal maintenance pretty much adds up to this.

I am 53 divorce was finalised 3 years ago.*

Are you still living abroad? Don't you ever plan to work again? And whose retirement, am assuming his?

I have a meeting booked with my solicitor. I will update for those interested after. Many thanks for everyone’s input

@MichelleScarn no I am in UK and am
working and have always worked part tIme around his schedule so I could do kids whenever I could. I still work and will continue to do so.

Just for your info, I was in a very similar situation as you with regards to lack of assets to capitalise plus my exH didn't disclose shares he was holding at the time of the divorce. I took it as additional pension share when he tried to get rid of the spousal maintenance which may be possible for you as you are close to being able to access it as income when you are 55. However, cohabitation would probably negate this.

You can apply for a clean break yourself if you are willing to risk it yourselfto get a clean break settlement which the courts are very keen on. It took a good two years to get it through court in my case.

@Dacquoise thanks
for this, some good points to ask my solicitor about. I would love to get a clean break even if only accessible as pension further down the line.