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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 ?

65 replies

Whatonearth2021 · 02/02/2023 22:34

Asking for a friend…how likely is spousal to be awarded where children are not dependent and 50% of estate is around 550k? What other factors would be relevant?

OP posts:
Dotcheck · 02/02/2023 22:38

Why would she want it? Can she not get a job?

RaininSummer · 02/02/2023 22:40

Sounds pretty greedy and without good reasons.

millymollymoomoo · 02/02/2023 22:42

Length of marriage
age
earning
ability to work
housing needs/ left over funds after housing
ability of ex to pay
ex earnings
needs of both parties

quietnightmare · 02/02/2023 22:42

Urmmmmm is this a joke?

More info needed. How long were they married, Job/qualification status ?

Azerothi · 02/02/2023 22:43

The chance is zero on the limited information you want to give.

Factors would include being actual spouses (married) and not boyfriend/girlfriend.

In a recent thread, the OP couldn't grasp the 'spousal' part of spousal maintenance. She lived with her boyfriend.

LemonTT · 02/02/2023 22:43

impossible to say without knowing the circumstances.

Spousal is means tested so what ever she gets she might loss in benefits. Therefore better to take more equity.

Jebboo · 02/02/2023 22:43

Salaries of the couple?

Original poster
Whatonearth2021 · 02/02/2023 22:44

Only able to earn minimum wage - I don’t want to give more detail than that.

She is trying to understand if there are circumstances where she might reasonably expect spousal given it was a long marriage

OP posts:
Mydogatemypurse · 02/02/2023 22:46

Depends on judge. Im 100% parent due to abuse. Hes a fairly high earner, doesnt pay child maintenance regularly if at all despite using cms. We presented a case for this evidencing that income cant be relied on from his c.m so asked for one off payment that he could easily have raised from savings/equity. Judge denied it without hearing the barristers argument. Everything, i mean everything went in his favour.

knittingaddict · 02/02/2023 22:47

Highly unlikely. Courts don't generally award spousal maintenance unless the person paying it has a very highly paid job. Clean cut divorces are the order of the day.

Original poster
Whatonearth2021 · 02/02/2023 22:47

Ok more detail :

long marriage
ex earns around 70k gross
she earns minimum wage and unlikely to earn more
housing needs could be met with a purchase of around 250k
less than 10 years to retirement - he has longer

m she doesn’t want to be greedy - just trying to understand what would be deemed fair

OP posts:
Mydogatemypurse · 02/02/2023 22:50

Whatonearth2021 · 02/02/2023 22:47

Ok more detail :

long marriage
ex earns around 70k gross
she earns minimum wage and unlikely to earn more
housing needs could be met with a purchase of around 250k
less than 10 years to retirement - he has longer

m she doesn’t want to be greedy - just trying to understand what would be deemed fair

Incredibly similar to my position. Add abuse and chronic health conditions affecting income. We got nothing, he didnt even have to contribute to the family debt he cancelled his direct debits for on leaving. Even took the family car and left us without. Childrens housing needs were not prioritised yet his were!

thestealthwee · 02/02/2023 22:50

Well....I might be biased but I earn £70k and ex h £20k - no way am I paying the lazy so and so spousal - he can go out and get another job he just doesn't want to

Same applies to your "friend"

Mydogatemypurse · 02/02/2023 22:51

thestealthwee · 02/02/2023 22:50

Well....I might be biased but I earn £70k and ex h £20k - no way am I paying the lazy so and so spousal - he can go out and get another job he just doesn't want to

Same applies to your "friend"

Its different when there are kids the other partner despises having to give a penny towards

Mydogatemypurse · 02/02/2023 22:52

Mydogatemypurse · 02/02/2023 22:51

Its different when there are kids the other partner despises having to give a penny towards

Show quote history

Sorry just seen they are non dependant. Think i need to go to sleep 😴

Original poster
Whatonearth2021 · 02/02/2023 22:52

Thanks - I can assure you it’s not me. Given what I got in my settlement with 3 dependent DC I don’t think she has a leg to stand on 😆 but just wanted to check with wiser minds so as not to pass on incorrect views

OP posts:
Jebboo · 02/02/2023 22:53

Very unlikely at £70k.

Crikeyalmighty · 02/02/2023 23:02

I don't think it's the £70k- I think it's the fact she will be able to get a house outright and has a job- even if it's minimum wage plus about £300k in the bank. !
I checked this out a few yearsago when in my late 50s- we don't own a house or gave that much in savings and I've worked alongside H for years - approx £95k income but I would effectively lose my job- solicitor said it's likely his income (which would remain same) would be split 60/40 in his favour and the order likely to last till I was 67. It's the fact she can be housed and still have substantial cash is why it's likely to be denied.

titchy · 02/02/2023 23:05

Not at £70k no! If she gets £550k thats plenty to buy her somewhere outright. And she can earn enough to pay her outgoings.

titchy · 02/02/2023 23:06

His pension might be worth looking at sharing though.

Shinyandnew1 · 02/02/2023 23:08

When you say ten years to retirement, is she 58 now?

PinkFrogss · 02/02/2023 23:08

Incredibly unlikely on a salary of £70k. Why does she even want it? She won’t need it if she can buy a property outright, have money in savings, and continue earning Confused

Original poster
Whatonearth2021 · 02/02/2023 23:29

Late 50s

OP posts:
DrMarciaFieldstone · 03/02/2023 00:04

close to zero, I’d say

millymollymoomoo · 03/02/2023 07:40

On 70k - close to zero chance especially with 550k settlement