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Need help with spousal maintenance

3 replies

catkin14 · 07/09/2013 18:15

Me and exh are divorcing and splitting finances after more than 20 years marriage.
He is a very high earner whereas I have been a sahm for the last 15 years.
I now have a job which will pay me not a huge amount but a survivable on salary.
My solicitor says exh will have to pay spousal maintenance as well as child maintenance payments but the amount the solicitor is saying is quite a lot.
What is the situation with spousal maintenance payments please? Do I have to take what solicitor says?
We have 1 DC who lives with me.
Exh has now moved in with his new partner and she also earns a very good salary.
I dont want to be unfair about this but Im not sure what fair is?

OP posts:
prh47bridge · 07/09/2013 18:56

You don't have to take what your solicitor says. If you are willing to settle for less you can tell your solicitor to do so. Your solicitor is telling you what he/she thinks the courts would regard as a fair settlement.

catkin14 · 07/09/2013 21:43

thanks. If my earnings are way less than his will the courts say I have to take a certain percentage?

OP posts:
prh47bridge · 07/09/2013 23:42

If you agree finances between you and you have both had independent legal advice it is unlikely the courts would refuse to accept that agreement. Even in a disputed case the court is unlikely to award you more than you are requesting. And if the court does award you more than you want there is nothing to stop you paying any excess back to your ex.

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