COnditional maintenance order?

[missesbiggens]

Is there such a thing? Briefly, we are divorcing and have agreed broadly on the finances, which gives us around a 72/28 % split. He is higher earner destined for great things (£50k now), I am carer for ASD son who is in special school now finally and work part time on an evening for a relatively low wage as it's pretty hard to find wrap around childcare for kids like my son. I also have a daughter who is just going into school this year, so two young children. This is why we have chosen to split our assets unequally as we have.

My question is: with no substansive or nominal maintenance written into our consent order, is there any legal mechanism or order for triggering spousal maintenance under certain conditions. Specifically, there is a high possibility that at some point my son will be out of school for an extended period of time. It is very common for children who fit my son's profile to be excluded and/or refuse to attend or not have a suitable school available when older. I have already lost my career as my husband decided to focus on his prospects instead of sharing the burden with me so far, and I am not happy about the prospect of being jobless and stuck at home with a teenager in the future on no money while he lords it about as a director. He says he would 'make good' off his own back if this were the case but I don't believe he will feel that way once he moves on and starts a new family.

I would rather not sour the divorce with maintenance clauses (I have enough to live on now so don't need actual maintenance). I would really like the ability to ensure he shares the burden if the above scenario comes to fruition. I have seen a solicitor and they were very vague and talked about a moral obligation rather than a legal one. I need something tighter than that if it exists. Thank you!

The simplest approach is to put in a clause giving you nominal maintenance (say £1 per year). That would allow you to apply for the amount to be varied upwards in future if necessary.

Hi prh4,

It was that that I was hoping to avoid. My ex husband views it as some sort of sword of Damocles after his solicitor told him I was going to spend the settlement them come after him for maintenance. In an effort to reassure him that this would not be the case, I was hoping for something directly connected to maintenance related to meeting our son's needs in future rather than a blanket nominal maintenance clause that could be exercised at any point. Even if complicated, is there something that meets this? Thanks again,

If this is about meeting your son's needs, that is what child maintenance is for. Regardless of anything it says in the order, either you or your ex could refer child maintenance to the CMS at any time. You would also be able to apply to the courts for child maintenance beyond the CMS calculation if, for example, his earnings go beyond the CMS upper limit (currently £3,000 per week) or if the application concerns the costs involved in supporting a child with a disability. You don't need anything in the consent order for any of this.

It would be unusual to have no spouse maintenance if you have a child with special needs. Take advice.