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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.

Wants versus needs

28 replies

parent17464748 · 10/12/2024 11:02

In cases where one earner is very well paid (six figure sums but not millions), where is the line drawn between something the lower earning ex "wants"/lifestyle choices as against something they need such as housing or food?
I know there is a guide to how they lived during the marriage but costs will be much higher with two homes.

OP posts:
Mumof3confused · 12/12/2024 11:08

LemonTT · 10/12/2024 18:05

The other thing to remember is that the comparison is between net income not salary. A six figure earner pays a lot in tax and will most likely be paying into a pension. When all this is taken into account they lose about 40% of the of their salary. Then they probably pay child support, although this reflects the fact they are handing off costs to the resident parent. This person could see their net income dropping to below 5k per month.

The other parent might have a small salary but could be eligible for UC, child benefit and child support. Their income could be over 3k per month.

What is a huge difference in salary doesn’t translate into a huge difference in net income.

There’s a huge difference between £3k and £5k net - with one parent also able to save for retirement over and above what the other parent receives.

ShinyShona · 12/12/2024 11:35

@Mumof3confused Yes but the person on £3k is unlikely to be considered to be facing undue hardship. In rare cases the disparity might call for an adjustment to compensate the lower earner where they have given up a career and cannot build back up but in truth recipients of spousal maintenance after divorce are rarely people who gave up a career. They are much more likely to be people who never had a career and the court's objective is to avoid undue hardship for that party, not equality of income between the spouses.

Nottodaty · 12/12/2024 11:43

I would be cautious over the school fees as well. Had a friend whose ex was a high earner and in conversation agreed to continue with fees. Assumed it would be up until 18…when secondary schooling and the ex new wife having twins there just wasn’t the money available any more. A lot of heartache for the children. I think unless it’s written and guaranteed maybe best to look now at state?

Same with gym and cars - she had to give up her car and buy one she could afford and maintain going forward. (Though the buying did come out of joint money at the time)

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