Trust in Divorce settlement

Catbells

Rather than go through the courts my friend came to an agreement with ex husband for maintenance after their divorce which has worked well for 15 years. Their relationship has been OK and there are 4 children which she raised. Now she is approaching retirement she doesn't think she can manage on the amount agreed. She has no pension only the state pension and does part time work. Is there anything she can do through a solicitor to get a little more? Her ex husband is very wealthy - millionaire status. Any advice please.

NAR

If the earlier arrangement was reached amicably, why doesn't she just ask him?
A consultation with a solicitor will quickly tell her if she has any legal redress.

Gavin83

How old are the children now?

Catbells

Gavin83 wrote: »

How old are the children now?

All are over 18.

Catbells

NAR wrote: »

If the earlier arrangement was reached amicably, why doesn't she just ask him?
A consultation with a solicitor will quickly tell her if she has any legal redress.

I think she is worried that he wont be as sympathetic as he was 15 years ago. She is also afraid of him because he shouts when he gets angry and she has always kept the peace for many reasons not least the comfort of the children - who are now adults.

I agree with you and think she should get a solicitor once and for all but she doesn't want to stir things up or go to court. I've tried to tell her its either that or living on the breadline for the rest of her life.

Pollycat

Was the agreement for child maintenance or child and spousal maintenance or wasn't the agreement that structured i.e. it was just a lump of money paid to her regularly?

When did the youngest child finish FTE?

Are any of the children still living at home?
And if they are, are they working and contributing to the household costs?

Assuming your friend lives alone, if the money she was being paid was sufficient to raise 4 children, why is she struggling now?
Did she used to get some benefits but doesn't now (apart from child benefit)?

Maybe she could get a free 30 minute session with a solicitor to see if she has any chance, although her ex may not be happy if she chooses to go down the legal route.
Is there any reason why she doesn't want to ask him if he is willing to pay her more?

Gigglepig

Did she not get her share of the assets (property, savings, pension plan) when they split up 15 years ago?

If that was all settled at the time, I don't see why she would have a claim to more maintenance now that the children have left. Once assets are split most people get child maintenance not spousal maintenance...

Catbells

Pollycat wrote: »

Was the agreement for child maintenance or child and spousal maintenance or wasn't the agreement that structured i.e. it was just a lump of money paid to her regularly?

When did the youngest child finish FTE?

Are any of the children still living at home?
And if they are, are they working and contributing to the household costs?

Assuming your friend lives alone, if the money she was being paid was sufficient to raise 4 children, why is she struggling now?
Did she used to get some benefits but doesn't now (apart from child benefit)?

Maybe she could get a free 30 minute session with a solicitor to see if she has any chance, although her ex may not be happy if she chooses to go down the legal route.
Is there any reason why she doesn't want to ask him if he is willing to pay her more?

She lives alone and used to get money for the children which obviously stopped when they reached 18. She doesnt have spousal maintenance but he gives her some which he says will stop when her pension kicks in in a couple of years. When she sold the family house she invested some of it and has a small income from that which she says is not enough. She also bought a house.

Did she not get her share of the assets (property, savings, pension plan) when they split up 15 years ago?

She got something from the sale of the house but no pension or savings. She has worked part time during this time but didnt pay into a pension because she thought the sale of the house would be enough but it isn't. I believe she also had several years out of work when she was sole carer for a close family member who was sick.

Seanymph

A divorce has three parts;
The ending of the marriage
The financial agreement
The children's agreement.

(that may not be the legal phrases).

If she got divorced she got the first part ratified through the courts - it depends what the other two parts say whether or not she gets 'another bite at the cherry'.

However I can't help but feel that she really is expecting rather a lot - just because she was once married to this man doesn't mean that he has to support her for life surely? She got a house paid for, has been supported until the children turn 18 (it appears without establishing a career or work for herself - and her choices about giving up work to care for someone else isn't HIS choice to pay for) - she has enough to have an income from investment................... how higher price does she put on herself for once being married to him?

Right would not appear to be on her side.

floss2

However, 15 years ago there was no obligation to share pension provision, which perhaps would have "satisfied" her somewhat if she knew that the years she had put in whilst married were recognised in that respect.

I wonder whether she would be better seeking independent financial advice as to the best way to securely maximise her income from the sale of the family home, perhaps from an annuity or similar?

withabix

There is no need to retire for a start.

She has a legal right to continue working (eg for her current employer) and should do if she hasn't made adequate pension provision over the last 15 years and wants to maintain her current standard of living.

She has had plenty of opportunity to sort her finances out over that time.

After 15 years she should be supporting herself anyway, particularly as the children are over 18.

I would be furious if my ex-wife came to me after 15 years asking for more money because she wants to retire.