SPOUSAL MAINTENANCE - NOMINAL OR SUBSTANTIVE?

[Allycat]

Hi Legal Peeps.

My husband and I are currently going through mediation. At the moment, he is being very agreeable and is paying me more than required by the CSA for maintenance.

The solicitor dealing with our mediation said that the additional amount is known as spousal maintenance.

She then asked if this should be put down as nominal spousal maintenance, or substantive (I think that's the word she used). I asked what the difference was and although she attempted to explain, I felt none the wiser!!!

Can someone please explain the difference please.

Many thanks, Allycat

To Green Beret. My ex-wife was not working when we first met in 1997 and was still not working when I filed for Divorce in 2015. So no she had not given up any career at all.

I took on Ex-Wife's daughter from a previous relationship as my own. Both ex-wife and her daughter are now UK Citizens. Ex-wife very happy with the Benefits she receives from the UK Government even though she has never paid a penny in Tax.

All these facts came out during the court proceedings and Judge was not impressed with ex-wife's expectation of 4,500 per month for the rest of her life. Greed was the word used by the Judge.

Suggest you read the "Get a Job" ruling made by Lord Pritchard in February 2015. This related to a wealthy couple and the Judge ruled that Wife could seek part time employment like millions of other Women as the children were old enough.

Suggest you also read Judge Mostyn ruling about Spousal Maintenance. In his ruling he specifically states that it is generally the ex-wife that presents essential outgoings budgets prepared with a pen dipped in vitriol that grossly exceed reasonable needs.

Remember that the Legal System exists to protect everyone, not just scorned partners.

To Green Beret. My ex-wife was not working when we first met in 1997 and was still not working when I filed for Divorce in 2015. So no she had not given up any career at all.

I took on Ex-Wife's daughter from a previous relationship as my own. Both ex-wife and her daughter are now UK Citizens. Ex-wife very happy with the Benefits she receives from the UK Government even though she has never paid a penny in Tax.

All these facts came out during the court proceedings and Judge was not impressed with ex-wife's expectation of 4,500 per month for the rest of her life. Greed was the word used by the Judge.

Suggest you read the "Get a Job" ruling made by Lord Pritchard in February 2015. This related to a wealthy couple and the Judge ruled that Wife could seek part time employment like millions of other Women as the children were old enough.

Suggest you also read Judge Mostyn ruling about Spousal Maintenance. In his ruling he specifically states that it is generally the ex-wife that presents essential outgoings budgets prepared with a pen dipped in vitriol that grossly exceed reasonable needs.

Remember that the Legal System exists to protect everyone, not just scorned partners.

i was going to apologise to you traveler for getting the wrong end of the stick but without knowing the full facts of your case and on a second reading maybe i haven't.

I know those two cases well - they were used against me.

if you get involved with a woman who has children you take on the package - so you had the choice to walk away once you found out there was a child involved - you didn't.

you ex wife did not work from 1997 to 2015 - what you mean paid employment - what was she doing - looking after the house, the child, obviously you were happy with this decision otherwise you would have filed for divorce earlier.

was she claiming benefits whilst you were married or since the divorce because she has no other means of supporting herself - how much tax have you paid.

you do not have my sympathy - you sound exactly like my ex - husband - quite happy for me to be at home doing everything except wiping his arse for 20 years and then traded me in for a younger model and now im on my own - having to claim benefits despite him owning a business generating £450,000 + per year.

as I said i am angry - bloody angry not bitter - the only person you need protecting from is yourself. Sounds like your ex wife got shafted too!

I apologise if i have got this wrong - it is coming from my own experience

To Green Beret. Met ex-wife in 1997 when her daughter was 4. Married in 2008. During that time she was stay at home GF with 2 housemaids and 3 security people to run after her in her home Country whilst I worked in dangerous places to pay for all.

Moved to UK in 2009 and she then became a housewife as UK house not big enough to house maids and security people.

Ex-wife has a net income of 2,250 per month when maintenance and benefits are added. Also given 100K to buy another house and she kept house that I bought in her home Country.

Would not say she was shafted, but wanted all and for me to walk away with Zero.