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Spousal Maintenance

142 replies

JuliaJasmine · 09/10/2017 15:04

Hi I am hoping someone can advise me.

I am getting divorced from my husband of 25 years. We have two children aged 20 and 16; the eldest is in uni and the youngest in 6th form.

My ex husband earns £85,000 and we are splitting everything 50/50. This means I will get a lump sum of around £180,000, half of his pension and maintenance for the younger child of £700 per month. He also pays £300 per month towards the eldest child and £300 spousal maintenance to me. I'm a qualified teacher but work 3 days a week as a classroom support assistant. I and my younger child am moving in with my new partner into a 4 bedroom house. I was initially ok with the settlement but now think that I should have more.

I'd be interested to see what others think who have been in this situation
Thanks
Julia

OP posts:
wannabestressfree · 10/10/2017 18:32

Yes she doesn’t want to.....

Mrskeats · 10/10/2017 18:51

wannabe Grin
I’m ringing up my exh I think later to demand half his salary. Least he could do

wannabestressfree · 10/10/2017 18:53

@Mrskeats let’s both do it and see how far we get....:)

Mrskeats · 10/10/2017 19:00

Yep wannabe be a bit of entertainment before the Bake Off.
I'm guessing his second word would be off

wannabestressfree · 10/10/2017 19:23

I have to do battle every month over the tiny amount of maintenance the csa deem I should have.

WhiskyTangoFoxtrot · 10/10/2017 19:34

"Would the opinions be different if op wasn't cohabitting?"

Possibly. It's not the cohabitation per se, but that OP is securely and adequately housed.

Wishingandwaiting · 10/10/2017 20:31

"Would the opinions be different if op wasn't cohabitting

Yes, of course.

The courts in this country will take that in to account too. The norm is that SM ends when cohabiting begins.

Indeed, my SM will cease entirely from the day I start cohabiting (currently seems just about the most unappealing prospect ever!)

beingsunny · 10/10/2017 22:48

I think the oP is getting a hard time here, the problem is that the asset split was made 50/50 when it perhaps ought to have been more skewed towards her.

She allowed him to further his career at cost to her own, it’s easy to say she should t have with hindsight but the fact remains they agreed to this and planned a forever life together.

WitchesHatRim · 10/10/2017 22:54

I think the oP is getting a hard time here, the problem is that the asset split was made 50/50 when it perhaps ought to have been more skewed towards her.

I disagree. The biggest area to look at it housing.

The OP and DC housing needs are more than being met in their new 4 bedroomed house.

There is also no reason that the OP can't go back to work full time. A judge would expect her to maximise her income. OP however doesn't want to do that she just wants half his salary.

She is also getting SM until the 16 year old is 18. In the vast majority of cases it stops when cohabiting.

Priam · 10/10/2017 22:55

beingsunny why should it be more skewed to the OP? I thought everything in marriage is owned 50/50 so when you go your separate ways, each takes his 50/50 share (assuming long marriage with roughly equal assets at outset of marriage)... why should it be different?? I don't understand

WitchesHatRim · 10/10/2017 22:55

*one of the biggest areas to look at

ferrier · 11/10/2017 00:11

@Priam This is what I am not understanding either. I thought where one was a sahp they usually receive more than 50% to reflect that their earning power has been impacted by sahping.
But agree with the no spousal maintenance once children are adults.

WitchesHatRim · 11/10/2017 00:14

This is what I am not understanding either. I thought where one was a sahp they usually receive more than 50% to reflect that their earning power has been impacted by sahping.

Not that clear cut at all.

JoJoSM2 · 11/10/2017 18:31

I want equity. Why should he earn all that?

I understand it's a reverse post (probably) and the OP needs to get off her backside if she wants to earn more. However, what's this equity? How much is the marital home worth?

I know the 180k was mentioned as a lump sum but is that 50% of the value of savings, investments and property? If there is property that hasn't been mentioned here, then she should get 50% of its value.

TheFormidableMrsC · 11/10/2017 18:40

Take him to court OP and see how well you do. For God's sake.

Julcol · 11/10/2017 21:29

Omg I am fighting for any small amount ex doesn't even want to sell house , I would think my self lucky, name of your solicitor please!

RancidOldHag · 10/11/2017 16:31

Any progress OP?

Or have you abandoned the idea?

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