Husbands ex wife coming after my income

[Amum4444]

Hi,
just wondering if anyone has been in a similar situation. My husband and I married last year and he has been trying to achieve a clean break. He and ex wife thought they had effectively severed any ties when they divorced. I believe they did the divorce a few years back without a solicitor.
husband pays child maintenance without fail for one child at £500 per month. Whilst ex initially agreed to sign a clean break she has had a change of heart and is doing everything to bring me into the proceedings as she wants me to contribute to her finances . The ex worked when they were together they have one child. She lives with new partner with another child she pays no bills he pays everything and spent her money from the house on cosmetic surgeries (10k) holidays and adding an extension to her new partners house. She now says that because my husband married me he can afford to give her £2k a month. She also says she needs more money in case she wants to leave her new partner. Her solicitor wants all my bank accounts and details of my income. I’ve refused but know I will be ordered to disclose this. It seems so unfair that I work flat out full time at the cost of missing out on my own three children to pay for someone to sit at home all day who fit to work.
Grateful for anyone’s similar experiences. This is causing so much stress and upset. I do not want my private details all out in the open and I do not want to be part of this court case. Incidentally my husband and I do not have joint accounts. We merely split household bills 50/50 and that’s it. This was because he had obligations to his child and I have my 3 children from a previous relationship.

Yes, she has to disclose all her finances or something called a form E, again absolutely nothing to do with your finances at all.

If her DC is 8 or above, she will be expected to get a job to support herself.

She can’t get ‘spousal’ maintenance from you.

Honestly, ignore it OP.

As I understand it unless a consent order was ratified by court at time of his divorce then exW can base a claim based on his current financial situation which would include you.

I'm in similar position as in we'd like to get married but until his financials from DP's own divorce are concluded we cannot do so as he'd need to disclose my income/finances as part of his household situation.

She's got nothing to lose by entering a claim although given she's cohabiting I'm not sure she'd succeed

You don’t need a solicitor, you weren’t married to her. They can demand you provide proof of earnings but no judge would order it.
She can ask for you to sell your house and give up your worldly possessions, but that’s it-asking. She is is chancing it and trying to scare you in to making your husband do what she wants:

The OP DH's ex has a new live in partner.

I know someone whose ex-wife tried similar years ago. All he had to do was get proof she has a new live in partner. As they had children together it wasn't hard to get that proof.

@cannypants it's recommended that financial settlement is achieved before the decree nisi is issued because it keeps everything tidy, but your partner isn't expected to include your financial situation in his divorce settlement. so your partner is misleading you slightly there.

Are you UK based? Because that is not the case here at all.

Actually OP are you UK based now I come to think about it? Spousal maintenance isn’t a huge thing here.

No they divorced but failed to do the clean break!

Yes U.K. based. My husband was asked to provide my income on form e (initially response to claim form) but left it blank as I didn’t want to share my income.

OP, as you have been told repeatedly, she has no claim on your income. She can yell and scream and send solicitor letters all she likes. Your income is yours.

Their settlement or not is between them.

He will be asked by her solicitor but he can ignore it.

He needs his own solicitor so he can point out to her solicitor that she is cohabiting, so she is getting SFA.

And he needs to get any other proof so if she denies it he can get his barrister to point that out to the judge - if the case goes that far.

You don't need a solicitor at all.

Thank you everyone for your reassurance. I shall keep you updated if any court applications come through the door but given what everyone is saying sounds like she’s just trying her luck. Greedy so n so! Thanks again

That makes more sense now thank you.

Good luck and remember the old MN adage ‘no is a complete sentence’ 😊

“Solicitors will write what they are told to write and whoever pays the bill. She cannot claim any money from you. You do not have to provide any details unless specifically ordered by a judge to do so.”

^Remember this OP

Don’t be silly.

You weren’t married to her.

It is nonsense.

Financial settlements are based on needs of each party on divorce.

If the exW is making a claim for spousal maintenance she will need to show that her monthly outgoings are not covered by her income but courts are not keen on long term ongoing maintenance unless there are reasons to justify it ie she's not able to work because of age, disability or illness.

Claimants are expected to maximise their earnings. Is there a reason she can't work? Also cohabitation with a new partner would be taken into consideration for her needs ie he's contributing to her expenses. It would be difficult to justify spousal maintenance if she's in a serious relationship. Most consent orders contain clauses to end maintenance on cohabitation. Mine was after six months.

Your income could be considered in regards to your household expenses and your husband's ability to pay maintenance although you are not obliged, unless ordered by a judge for disclosure.

Is she trying to get a court order for a higher level of child maintenance this way? The CMS can only enforce the calculated amount but it is possible to have it in a consent order.

My experience with this is that there's a lot of bluff and bluster to try to get the other party to agree to a settlement to avoid court but the reality is that judgement is a completely different kettle of fish. She can demand £2k a month, very difficult to get it without very good reason.

You should put this is legal as they will be able to advise you in more detail.

From what I have heard.
She can claim off your DH as there was no clean break.
But things that go in your favour.
She was working when they divorced and they only have one child.
She can't touch your money.

I am not sure as to whether her having a partner will have an effect on anything.

The other consideration is assets. Is there a house to split, any equity? What about pension sharing? The lesser party can take more assets in lieu of maintenance.

A solicitor will request whatever they are asked to, she can request your details all she wants but you don't have to give them. I'd write back refusing and leave it at that

In your dh shoes, I'd work out what cm he owes, taking into consideration he now lives with your dc and pay her that, he can open a case with the cms himself if he wants to make it more formal.

She's taking the piss and it's likely to bite her on her arse

I did lol at the fact she wants more Incas it goes tits up with her partner

Her solicitor can ask but you do not need to give anything. In fact it was cheeky of them to ask in the first place.

Seek your own solicitor

It will as she lives with the partner so the partner is contributing to her expenses.

As I said in a PP I know someone whose ex wife tried it as well. It went all the way to a financial hearing as she wouldn't back down. As my acquaintance wasn't cheap and had his own legal representation, she was told to go away and think about whether she lived on her own by the judge. She then backed down.

My ex had to disclose his partner's income when we divorced as they were already co-habiting so I assume you will also have to. I did think spousal support stopped if the recipient co-habited?

Get some legal advice.
AFAIK she has no claim on your income.

Quite possible that if they went through CMS she would end up with less maintenance than now, due to complete shift in circumstances.

Spousal maintenance sounds fanciful!
She is trying it on.

Might be worth an appropriately worded Solicitor's letter for your peace of mind.

It was daft to get married before the finances were sorted. Yes they are divorced, but without the financial order order signed, she can still claim on his assets. When getting my divorce I wad buying a house and my solicitor was very clear what if I bought the house before the financial order had gone through, he was entitled to half, even though the divorce was well and truly in progress then. I've also seen it come up on the Legal Queen page whereby ex spouses can come later for shares in property, promotion pay risess etc and if there's no financial order, then yes, they can claim. She's unlikely to get anywhere pursuing your income, but I'd be worried about her coming after the home if his name is on it, or wanting a settlement instead of a clean break, in which case he'll need to divulge any shared accounts you both have.

Wow she is beyond a CF! I would engage my own solicitor and get a.clean break in place. Also give them absolutely nothing in terms of information or money!