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Getting divorced- spousal maintenance?

2 replies

washingonawednesday · 20/04/2012 15:36

Advice needed please.

Together for 12 years, married for 4. He left for ow when our son was 4 months old. He now lives with her and she's pregnant.

He pays child maintenance and we have just sold our house and split the assets. Divorce is next on the agenda.

My initial advice from citizens advice was that 4 years is considered a 'short marriage' and I wouldn't be entitled to anything, but recent advice from a solicitor aquatintece is that I would be entitled to spousal maintenance as well as we were in a lengthy relationship.

I DO feel entitled. He would not have gone through university without encouragement from me. I helped him through a his professional qualifications a d got him his first job. Funnily enough his affair coincided with a massive pay increase. We always shared finances 50:50 and when he left I had to leave my job and relocate 300 miles away for parental support with my baby leaving a well paid job with a final salary pension as I could not afford to live near London on my own.

Does anyone recieve spousal maintenance? How much is is usually and do you think I could claim?

Much appreciated!

OP posts:
STIDW · 20/04/2012 17:28

Forget about feeling entitled. Failing to separate emotions from the practicalities just hurts the wallet.

In England & Wales when there are children a period of cohabitation before marriage may be added to the length of the marriage.

Spouse maintenance depends on the overall circumstances, in particular the needs of one party and the ability of the other to pay. As a general rule of thumb someone on average or below average income is unlikely to pay SM and if someone is on an income above average the amount of any SM will to a certain extent depend upon how the assets are shared.

Don't rely on casual advice, a family solicitor in possession of the specific details should be able to advise where you and and what options there are in your particular case. Armed with knowledge it's possible to negotiate or mediate from an informed position.

RedHelenB · 22/04/2012 08:49

The needs of his new partner & Child come into the equation too.

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