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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.

Spousal maintenance and splitting assets with no kids

11 replies

NavyFinch · 31/10/2024 14:20

I’m looking for some guidance/information on spousal maintenance due to differences in income as it’s difficult to find relatable examples for my situation.

Im in the very sad position of wanting to end my 15yr marriage.

So, the situation - married 15yrs, together 16. No children, H52 W48. Both came into the marriage with very little, just enough for shared deposit on a home. Joint finances but with personal expenses of £100 kept each week in own accounts.
H - established career and public sector pension 10yrs pre relationship.
W gained a degree pre relationship and just starting new career with NHS pension.

Over the course of the marriage W climbs the promotion ladder, gains further qualifications and income increases exceeding H’s within the first few years.
H choose not to progress their career.

The final few years H takes a job involving a move away resulting in W having to leave her public sector job and pension and take interim work. This gives a higher gross wage but doesn’t provide sick leave cover other than SSP and net wage is inclusive of annual leave. employee/employer pension contribution reduces from 32% to basic minimum 8%. Finances continue to be shared throughout the marriage regardless of individual income with both only keeping the minimum per week.

Home in joint names, deposit paid with equity from previous sale and some used for renovations but topped up using joint finances to complete.
W contributing nearly 50% more financially each month and mortgage overpayments are made from joint finances at the behest of H.

When we split if we submit a consent order detailing individual income and expenditure it just looks like I earn 50% more. There is £200,000 equity in the house which would be split 50/50 allowing both to buy again with a good sized deposit. Although his wage is not as good it’s still enough for him to manage well (c£2000pm take home) and neither have excessive lifestyles. My work is not secure, is 3 month contracts with no guarantee of extension or work when it ends. I have no fall back for long term illness and do have long term health conditions although currently well managed. My pension has suffered as a result of interim work while his job and pension and t’s & C’s have remained stable throughout.
I may need to look at buying him out and taking on the mortgage (possible but a stretch) as have an elderly relative at home. I would also have to take over payment of a finance agreement and all other current bills etc.

My question is would I end up having to pay him spousal maintenance just because his income is less than mine? Even though he made the choice not to progress his career, has put much less in financially and in terms of increasing each of our properties values and generally into the relationship but still gained significantly due to our joint financial arrangement? I know it’s about law and not morality etc but this would feel so unfair and unjust in light of what each has actually contributed to the relationship.

OP posts:
Tippythedog · 31/10/2024 14:46

Unless you're a very high earner at over £120k pa then it's extremely unlikely you'll have to pay SM.

HarrietSchulenberg · 31/10/2024 14:48

I am not a lawyer but given your circumstances I'd be surprised if you were expected to pay spousal maintenance. There's some good advice here:
www.mediateuk.co.uk/guide-to-spousal-maintenance/

ShinyShona · 31/10/2024 18:38

It's difficult to advise without command over all the facts but nothing you have said makes this sound like an obvious case for spousal maintenance. As a very general guide I can tell you that the purpose of spousal maintenance is not to equalise incomes. The sharing principle does not apply to spousal maintenance.

Spousal maintenance is almost always based on needs (the claimant would have to prove a need. The payer must also have the ability to pay). Occasionally it is based on compensation (e.g. where one person has given up a lucrative career to raise children) but these cases are few and far between because the bar is set high (i.e. a corporate solicitor who became a SAHM might have a case for spousal maintenance on a compensation basis whereas a shelf stacker at Tesco who had dreams of being a rockstar wouldn't!).

Normally when there are no children, a settlement along the lines of a 50/50 split of all the shared assets including pensions is fairly normal, give or take a percentage point or two, along with a clean break and no spousal maintenance. Even for couples with children, spousal maintenance is not all that likely as part of the settlement because normally there are better options such as an uneven split of assets or expecting the weaker financial party to improve their earning capacity.

bombastix · 31/10/2024 18:41

Nothing suggests spousal maintenance.

lizzyBennet08 · 31/10/2024 21:56

Very rare in Ireland and uk. It looks on paper that ye are a perfect candidates for 50 50 clean break split .

ShinyShona · 31/10/2024 22:55

@lizzyBennet08 Spousal maintenance is becoming rarer in England and Wales and has been rare in Scotland for a long time but I've not heard of it becoming more rare in Ireland (Northern or the Republic) before, although it does stand to reason as that seems to be the direction in most jurisdictions.

Do you have any links you can DM me as I would be interested to read more about the situation in the Republic of Ireland now.

CrabSignalArmy · 31/10/2024 23:08

Spousal maintenance is very rare. In a situation where one person is a very high earner with a profile and lifestyle requirements that mean the other person can't really meet their career potential for years (eg must regularly travel with spouse or hold regular high-end social events at home) then the lower paid/ unpaid spouse can reasonably argue that they sacrificed their earning potential to support their spouse. I don't think that is likely to apply for you. It will be 50:50.

millymollymoomoo · 01/11/2024 07:49

There’s no case directorial maintenance here.
if he argues fir it don’t be concerned as he won’t get it.

Your case will be 50:50 ( or near)

ShinyShona · 01/11/2024 09:48

Quite often, one party claiming spousal maintenance is a tactic to get more of the assets in a clean break divorce. When I say "quite often," I mean I've seen this tactic used far more often than I've seen people awarded spousal maintenance.

If he asks for it, do not offer more of the assets without consulting your own solicitor.

lizzyBennet08 · 01/11/2024 10:13

ShinyShona · 31/10/2024 22:55

@lizzyBennet08 Spousal maintenance is becoming rarer in England and Wales and has been rare in Scotland for a long time but I've not heard of it becoming more rare in Ireland (Northern or the Republic) before, although it does stand to reason as that seems to be the direction in most jurisdictions.

Do you have any links you can DM me as I would be interested to read more about the situation in the Republic of Ireland now.

No official research for you. My statement comes from conversations I had with my family solicitor next door neighbour who in conversation mention that she has only seen it awarded a handful of times in the hundreds of cases she been involved in. She said that judges here feel that a clean break judgment is the preferred option in most cases as spousal tends to tie two unrelated adults together for years and can make for far more acrimoniously separation. . She also mentioned that the courts expectation is now that both adults should be capable of working to support themselves with child support on top for the relevant party.

ShinyShona · 01/11/2024 10:44

@lizzyBennet08 That sounds generally consistent with what I see in England but the Republic of Ireland was always a bit different because of the "legal obligation to maintain."

That said, I think for many years they have had a maximum amount of €500 per week that can be awarded in spousal maintenance. This sounds like a very sensible idea because whilst I can get on board with the idea that one spouse might have supported the other's career, I think there are limits to how far that should go. A weaker financial party with an ex who earns £500k for example hasn't necessarily supported their ex five times harder than one whose ex earns £100k! Also, I really don't like the rare cases where compensation comes up. If someone had a stellar career and then chose to give it up, that should be seen as their choice rather than a choice made by a couple because it is far too speculative to consider what they might be earning had they continued.

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