spousal support?

[gingermop]

my dp and I hav been together 3 years, him and his ex seperated 5 years ago.
there in the middle of divorcing, theres property and its taking a long time.
dp received a letter today from her solicitor saying shes going for spousal support.
they hav 2 kids, he pays more than his fair share of maitenance and she has a parter of 4 years and a new baby.
is there any chance she could get this, solicitors letter seemed convincing.
seems ludicrous, he has app with solicitor mon but was wondering if anyone on here know how it all works.
tia

Does she live with her new partner? If she does then it's extremely unlikely she will get it.

How long were they married? Spousal support is only generally awarded in long marriages where one partner has given up work for the benefit of the family.

Agree with Dixie I got it because we'd been married 20 years, I'd delayed my own career to support his, had done the lions share of everything bar the financial stuff, and theres a caveat which means if I cohabit or remarry he can apply for it to be stopped.

Are you in the UK? I ask because I didn't think it existed here

I'd think it highly unlikely when she has moved on with a new partner and shown herself capable of living without the spousal support for 4/5 years. I'd also think the fact she would be in her early 40s tops (rough guess at having a new baby) then she should I be in a position to find work and support herself.

I got it, but it was very much a case of - for a brief period until you find your feet, so seems unlikely!

It does exist in the UK fifi.

I'm no solicitor, but I thought that any agreement for spousal maintenance ended if you remarry or cohabit for 6 months+?
Which presumably she has done the latter?
Everything with divorce financials is case by case, no rules. I don't see how she can get spousal after 4 years.
Why is he paying more than his fair share of child support? Do you mean more than she should have, or just more than CSA amount? If she got spousal (and I don't see how) he could just reduce the extra child support.

It does exist but is normally until you remarry or cohabit as described by Cabrinha. I would be very surprised if she got it.

I'm in the ideal position for receiving it - married for 16 years, gave up everything to support him through his career, have no real earning capacity currently. However, my ex is a total bastard and I want nothing to do with him so I'm going for a clean break settlement.

Why should anyone pay for their ex? I don't get it! You may have not had a career to raise a family, but surely that's represented in the asset split? Why should you get future earnings too? Seems ridiculous!

Oh and I think after 5 years, 4 years with a new partner she can whistle for spousal support!

Spousal maintenance does exist in the UK but is only awarded if one party cannot support themselves without payments from the other. There is no set formula for the amount. That depends on the recipient's needs, income and ability to earn, and the payer's net income along with other factors. If there is income left over after both parties needs have been met additional maintenance may be awarded. Maintenance stops automatically if the recipient remarries or enters into a civil partnership but does not necessarily stop if they cohabit, although many maintenance orders do include a clause saying that it stops after the recipient has cohabited for 6 months. The courts generally prefer to avoid spousal maintenance or have it for a short period only if possible so that ties between the divorced couple are completely severed as rapidly as possible. If it was a long marriage and the recipient has no job and little in the way of prospects maintenance can be awarded for life, although it will still terminate on remarriage.

As she has been supporting herself for 5 years and living with a new partner for 4 years I would be surprised if the courts awarded spousal maintenance. However I have to qualify that by saying that I don't know all the facts in this case. Your partner's solicitor is better placed to give advice.

I agree with the previous posts. It is a theoretical possibility but in the circumstances you describe will not happen. It is the sort of stupid wind up that some divorce lawyers like to do.

I expect the 'spousal support' is being lobbed in purely as a bargaining chip in an attempt to get a bigger share of the property you mentioned. She knows that, because she has a partner, she stands no chance of getting spousal support but she's hoping to manoeuvre him into saying 'keep the house' or similar.

sorry for delay on coming bak, damn weather, wifi was down.
in answer to questions, they where together around 15 years, shes never worked, he always did,
she lives on off with her b/f ( argue alot, he gets kicked out)

I thought cause shes in a new relationship/has baby there was no chance but were slightly worried now

and ty so much for replies, mucho appreciated

If the boyfriend is on/off she will know that, even if it is 'off' and she is awarded spousal support, that will stop when it goes back 'on'. That's why it's probably a bargaining chip. Spousal support is temporary but a bigger share of a property is for ever. I think his solicitor will tell your partner not to worry unduly.

ty cogito, thing is hes agreed to give her whole house, wants to take nothing away from marriage, all he cares about is regular contact with his kids which is touch and go.
shes convinced she will get it, greedy mare