Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Spousal Maintenance

8 replies

rachetasticallyfabulous · 17/01/2011 15:44

My dh has been paying Child Mnt to his ex for several years both before and after they were formally divorced. He paid this at a rate which he and she decided based on what he could afford rather than what was fair- the result being that he paid well over the odds. Since then we have married and have children of our own, so we have lowered the amount of maintenance he pays to be in line with what the CSA direct. He was left with a family loan to pay off and the cost of the family car (which she owns now that it is paid off). She is not hard done by at all, but we are now! My salary covers childcare and our rent, whilst dh's pays his ex and his loan repayments- with not much spare at all. I want to know whether or not she is entitled to seek additional support- could she come at us for more money? He has never paid spousal support and she is in employment.

OP posts:
Resolution · 17/01/2011 16:05

The answer is no. Even if they never sorted out the finances (assuming here they never jointly owned their home) it's been so long that the court won't let her bring any financial claim. See the attached case of Rossi v Rossi www.bailii.org/ew/cases/EWHC/Fam/2006/1482.html

particularly paras 25-32, which I think you'll agree are quite clear.

rachetasticallyfabulous · 18/01/2011 09:17

Thank you very much for that; quite clear. I had been confident that this would be the case until I'd read about a woman claiming a portion of her ex husband's lottery win, which occured post-divorce. This had me worrying. Clearly I have no wish to stitch this woman or my step children up, but equally I want to ensure I can plan for the financial security and future of my own family and this had been a bit of a dark cloud looming!

OP posts:
Resolution · 18/01/2011 09:35

Hurray for Nick Mostyn Q.C.

NotActuallyAMum · 19/01/2011 12:58

rache... I too was a bit worried when I read about the lottery winner who had to give his ex wife money, my DHs ex wouldn't hesitate to hold her hand out if ever our numbers came up!

Resolution can you think of any reason why this would be? They'd been divorced for years and he had to give her £2m! OK he'd won 56m but even so

I did wonder if it was a case of "you've got plenty, it won't hurt you to give her some" but I'd like to hope not

NotActuallyAMum · 19/01/2011 13:34

story here

After reading that I wonder if it was because they didn't have a Clean Break when they divorced

Resolution · 19/01/2011 13:49

I don't know the reason. An article in the newspaper is no substitute for a full court judgment.

The rationale behind Rossi is that both parties are free to organise their financial affairs post divorce without looking over their shoulder. One difference might be that a lottery win results not from planned endeavours but from a huge slice of transient luck. Also it depends on the reasons she gave for not persuing him earlier.

He reached a deal with her anyway, so who knows what the court will have said had it not settled.

NotActuallyAMum · 19/01/2011 16:46

Ah yes, of course that's the big difference - he settled out of court. I didn't think of that Blush

rachetasticallyfabulous · 19/01/2011 18:26

I knew it didn't sound a terribly fair prospect, but I thought it was worth asking about. I have seen first hand how much the system supports women in these instances. I say that as a woman- it is not fair or even. I have known of too many woman who have managed to play a sympathetic system in order to financially gain and cripple their exes. Unfortunately, the system allows it to happen, so it does.

Of course, I am sure I would feel differently if I were the ex in this equation.

At any rate, thank you all for your input and thoughts. Hopefully now that we are finally down to paying only the CSA recommended amount and nearing the end of the tunnel in terms of the debt she left him with, we might be able to get on with our lives!

One of these days I might even be able to afford a holiday- there's a beach out there somewhere with my name on it!!

OP posts:
New posts on this thread. Refresh page