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Divorce/separation

Spousal maintenance

2 replies

Tiredofitall2024 · 10/04/2024 11:23

Has anyone received spousal maintenance? And if so, what were the circumstances?

It seems so rare these days but it would massively help me out while I look for a better paid job/retrained. Am i grasping at straws?

OP posts:
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ComtesseDeSpair · 10/04/2024 11:40

It will depend on a range of things - your ex’s income and job security, length of marriage, impact of the marriage on your financial circumstances, your career potential, length of time you’re seeking an SM award for etc. The only person I know who was successful in having it awarded has a very high earning ex and was a trailing spouse for a decade, which had an enormous impact on her career. Crucially, her solicitor was able to make a good case for it being reasonably awarded, with a time limit whilst she completed an MA. What view has your solicitor given, based on their worldview of both your and your ex’s circumstances?

There are some downsides of receiving SM because you’re still reliant on somebody else for your income: if you committed to retraining, for example, and your ex was suddenly made redundant or became too ill to work, you’d need to become immediately self supporting without the luxury of time to plan your next steps. Unlike child maintenance, SM is taken into account for Universal Credit, so you may find yourself no better off receiving SM than if you didn’t but could claim UC.

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millymollymoomoo · 10/04/2024 12:25

As above but also depends on if there are considered ouch assets to give a clean break . Courts would always seek to avoid sm if they can and look to sever ongoing financial
claims as quickly as possible

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