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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.

Ex chose redundancy now wants spousal maintenance

25 replies

Mummaof21986 · 25/03/2024 17:09

My soon to be ex chose to be made redundant instead of being tuped when the company he worked for got taken over. He had previously been earning over £100k a year. I have a non-mol, prohibited steps and occupation order in place and he is claiming the stress of having these against him has made him too stressed to work.

He currently has no contact with our 2 young kids as recommended by cafcass and hasn’t paid any child maintenance. We separated in September. I have now received an email asking for me to pay him 40% of my salary as he has lost his job and has threatened to make a court application for spousal maintenance if i don’t agree. Has anyone had experience with anything like this? I cant find much information on the likely outcome ofna court application.

OP posts:
Medschoolmum · 25/03/2024 17:14

I'm not a solicitor but I can't see why on earth he believes that he would be entitled to spousal maintenance. It's very rare these days in any case, but he doesn't appear to have put his career on hold for the sake of the family. I would tell him to go ahead with his court application, personally - it won't come to anything.

If he is too unwell with stress to work, he can make an application for PIP. It isn't your problem.

Holshicup · 25/03/2024 17:16

It would probably be worth speaking to a solicitor for your own peace of mind.
Then tell him to communicate with said solicitor and do not engage whatsoever.

cstaff · 25/03/2024 17:16

Just reply asking when he intends to start paying child support and will it be backdated. Fucking CF

TinyYellow · 25/03/2024 17:17

Let him apply to the court for it. He probably won’t because he’s just trying to intimidate you, but if he does he won’t get anything. It would be an expensive and stressful road to nothing for him.

Tel12 · 25/03/2024 17:17

I'm wondering if you got half of the redundancy payment? I would think that you need to see a solicitor, but I can't see why he should be entitled to anything. Expect he's been talking to his mates.

IncompleteSenten · 25/03/2024 17:18

Spousal support is really really not a thing here except in the most exceptional circumstances.
Don't agree to anything.

Octavia64 · 25/03/2024 17:18

Spousal maintenance is very rare.

Clean break orders are preferred, where assets are split. In any case as you have the children the split would likely be in your favour.

As you have non-mol etc I assume you can evidence his behaviour.

Have you started the divorce process?

LaurieFairyCake · 25/03/2024 17:19

Don't respond

He's a twat

DreadPirateRobots · 25/03/2024 17:21

I would go right ahead and ignore that. If he takes it to court, which he probably won't, he'll get his arse handed to him. As if.

Trophyfoot · 25/03/2024 17:21

Tell him you've been advised spousal maintenance won't apply in your situation, but that if he wasn't to try for it he's welcome to.

Igmum · 25/03/2024 17:23

Wow he's awful. I think you're on a safe bet with spousal maintenance but I hope you registered with CAFCASS while he was still on £100k +. My ex stopped working to avoid CMS, sadly it is fairly common.

Pickles2023 · 25/03/2024 17:28

Lol so he is entitled to more then his kids would have to live? He would have paid 12% of wages for them. But he wants 40% of your wages 😂😂

Let him take you to court it won't go anywhere and it will be amusing to see what the judge makes of a deadbeat abuser trying to mooch of his victim. Its pretty obvious.

Also where is your half of redundancy pay? Is that in the financials?

CurlsnSunshinetime4tea · 25/03/2024 17:31

Save the email (threatening).
Ignore and do not reply.
Do contact a lawyer regarding 50% of his redundancy.
Avoid dancing to his tune, this is simply a form of abuse (financial emotional psychological).

Madickenxx · 25/03/2024 17:36

Don't respond. He can go to court but I very much doubt he will. My exH did the same although he was let go and he tried to claim that the stress of me abandoning him caused his underperformance. I initially engaged and he got nastier and nastier - in the end I referred him to my solicitor who simply responded "my client will await the court order" or something like that and that was the end of that.

Livinghappy · 25/03/2024 17:44

How old are you both? He will have responsibility to maximise his earnings. At best a court would award SM for a few years, but that usually to recognise parenting responsibilities. In his case it's very unlikely.

millymollymoomoo · 25/03/2024 18:09

How much do you earn op?
what assets are there?

Gettingonmygoat · 25/03/2024 19:19

Tell him to crack on.

Mummaof21986 · 25/03/2024 19:24

thank you for all the replies, i was a bit worried about posting at first but you’ve all been so supportive! Im on £50k a year. He got around £14k redundancy pay but i’m not sure of the exact figure.

we have our first financial hearing in April and we were supposed to exchange financial information a couple of weeks ago but he has ignored all my emails asking to exchange so i doubt i will receive it before the court date but at out hearing for the occupation order he said that he has around £50k in cryptocurrency and i think he probably has alot in savings aswell so i doubt he is financially struggling. Financial abuse was one of the issues I’ve previously raised in court so i feel like this is another form of financial abuse!

OP posts:
Alwaysalwayscold · 25/03/2024 19:28

He would be laughed out of court OP

LadyGaGasPokerFace · 25/03/2024 19:32

Is he a comedian?

Aspergallus · 25/03/2024 19:33

He is making an outrageous request so that you drop everything you might be entitled to with an agreement that he drops this.

It's nonsense and designed to make him look like he has a strong negotiating position.

BirthdayRainbow · 25/03/2024 19:34

You shouldn't be emailing him asking him to do stuff, let your solicitor do that. It will cost money but it is better for you to have separation both literally and metaphorically.

FlowerBarrow · 25/03/2024 19:36

More likely he will owe you from out of his savings, possibly including the redundancy payment. Make sure you include all details of anything he might have squirreled away as well as the outstanding child payments

millymollymoomoo · 25/03/2024 19:54

On 50k there will be next to zero chance of successful spousal claim

perhaps if he hadn’t worked for 15 years due to raising children he might for an interim period but in the situation as you describe, zero chance

TreadSoftlyOnMyDreams · 28/03/2024 11:58

Bless - he's completely deluded. And a nasty sh*t it would appear.

Stop emailing him about anything. I don't know why you are chasing him up about stuff rather than your solicitor especially with the sort of orders you have in place?

You presumably have a solicitor if you have all these orders in place and he's had legal requests to share his financial data so let that play out in the right forum if he hasn't cooperated.

Send on the emails to your solicitor as pertinent change in circumstances and don't give him another thought. He is NOT worth the headspace.

If you don't have a lawyer - get one. You need someone to give him a jolly good smack down

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