spousal maintenince?

meltdown_point

Ok my partner is divorced.......his ex is now texting saying she is going to get spousal maintenince.....this was not agreed in the divorce, as when the divorce happened my partner was a student and had no money can anyone tell me if this is right?

NAR

Depends on the wording on the financial settlement if there was one. If it does not state that it is a clean break settlement then spousal maintenance could be sought.
Some legal advice will clarify.

meltdown_point

there was no financial settlement, she had an affair, got pregnant to her current partner....kicked her ex out and divorced him!
The house was rented from the nihe.....she was on benefits.....he was a student and now he has a great job (that he worked for) she is claiming everything going!! now she is saying she will be entitled to this spousal maintenence but i thought that had to be sorted out before the divorce was finalised!!

meltdown_point

Also she has a partner who lives with her!

BTW Thanks NAR

NAR

Mmm tricky one, very poor job on behalf of the solicitor not to include a financial settlement even though there would have been little to divide.
Hope the moneygrabber gets nothing, sounds like a jealousy thing to me! I would think he would be all right, even a visit to CAB might provide reassurance.

meltdown_point

Oh it is a jealousy thing......but i wont elaborate!!!

Thank you again NAR

NAR

meltdown_point wrote: »

Oh it is a jealousy thing......but i wont elaborate!!!

:rotfl:Thought it might be!! :rotfl:

Good luck for next week.

By the (outside) look on his current responsibilities I think she would get very little/nothing.

Rach39

I think her case would be weak as she would need to show that she was financially dependent on him when they were together (which she obviously wasn't if he was a student) and has suffered financially since they parted as a result of him not supporting her (again not likely since she has another partner). How long since they split up? Also I see your signature - congratulations I bet you can't wait now! Without wanting to be too nosy is he responsible for all 5 children? This will have a bearing on it all too as their maintenance will obviously rank higher than hers! hope it all works out.

meltdown_point

No just the one!!!
They have been split up for 6 years now, they were married for 7 before they split up, he supported her for 6 of them while she tried to complete her degree (she never did)

I had my baby on the 15th Jan a little boy he was 4lb 10oz....

motorguy

Theres no chance she can claim after all this time. I would 'assume' (and i know thats a bad word) that the solicitor had the with to put some 'full and final' clause in the divorce.

Its hardly a divorce if your ex partner can turn up years later and claim money.

steveymp

pgilc1 wrote: »

Theres no chance she can claim after all this time. I would 'assume' (and i know thats a bad word) that the solicitor had the with to put some 'full and final' clause in the divorce.

Its hardly a divorce if your ex partner can turn up years later and claim money.

What pg said:T:T:T

Even if she could the fact she is with a new partner, with new partners child, means she is entitled to nothing. As others have said get down to the CAB for some free legal advice, but she hasn't got a leg to stand on in my humble opinion. Plus she sounds like a nasty piece of work too:o

Hope all goes well:)