Separated, how much should I provide?

WillowCat

Mojisola wrote: »

In that case, does it open the possibility for a change to the payments when she inherits from her parents - if Jack is still paying at that stage?

Yes it does. Although the capital claims can't be revisited, he can argue that she no longer has the 'need' for spousal maintenance.

SM is based on 'need' on one side, and 'ability to pay' on the other. If she doesn't have need he doesn't have to pay.

justme111

Imagine if jacks ability to pay increases if he cohabits with a woman who pays her way - ex could apply for increase in her SM

jayII

Good luck Jack, it sounds like you're nearing the light at the end of the tunnel.

It may be a poor light in monetary terms, but having your freedom is priceless!

WillowCat

justme111 wrote: »

Imagine if jacks ability to pay increases if he cohabits with a woman who pays her way - ex could apply for increase in her SM

Yes - although her income and assets can't be taken into account directly, it is assumed she will be contributing to the household, which increases his ability to pay so she could ask to vary it upwards. The only good thing is she would also have to prove increased need.

I hate the divorce laws.

Mojisola

jayII wrote: »

Good luck Jack, it sounds like you're nearing the light at the end of the tunnel.

It may be a poor light in monetary terms, but having your freedom is priceless!

He won't be free while he is tied to the ex, paying money out every month and always aware of the possibility of her going back to the court to ask for more.

Horrible situation to be in.

justme111

No more than she will be aware of possibility of him asking for less /stopping it altogether due to going away helping children in africa for example. We all at mercy of circumstances at every step of our life .
Willowcat , you seem to know about divorce law - what will happen if when jack to stop payments due to change in income before court hearing validating that stop /change ?

jayII

Mojisola wrote: »

He won't be free while he is tied to the ex, paying money out every month and always aware of the possibility of her going back to the court to ask for more.

Horrible situation to be in.

Of course, but he will be free of the current wrangling and the house monies will (hopefully) be divided, so he can start to rebuild his life.

WillowCat

justme111 wrote: »

No more than she will be aware of possibility of him asking for less /stopping it altogether due to going away helping children in africa for example. We all at mercy of circumstances at every step of our life .
Willowcat , you seem to know about divorce law - what will happen if when jack to stop payments due to change in income before court hearing validating that stop /change ?

The courts take a very dim view of that. They can also, if they think the change/loss of job is a ploy to reduce the maintenance, assign an 'earning capacity' to a person and base the maintenance on that rather than their actual income. It can be draconian.

In my divorce I've yet to get to my first appointment, but there have already been comments that because I earned a good salary up to 2009 when I quit the rat race I ought to go back to it in order to earn a salary simply to pay maintenance to my ex. Even though he has adequate pension income.

ZiggerZagger

It depends how you pitch it Willow. My ex husband downgraded his job after we separated so that he earned less than me (we earned the same when we were together). The court only looked at his earning capacity at the time of the order not historically in terms of maintenance. There was talk of me having to pay him spousal maintenance despite me looking after the kids full time because of the earning differential but it was dropped in the end. We split the assets almost 50/50 in the end (not entirely finalised, just going through the court now) though he ended up with most of the monetary assets plus all the pensions and I ended up with the house (whose value was very questionable I felt).

It's v normal as another poster said to have a court order re maintenance and then you go back if it needs changing. Keep an eye on the ex having a new boyfriend as that's the first way it will get lowered.

JackRS

She wrote:

'Hi do you know what is happening re finances? Thought you were putting offer in writing after court but not heard a thing so far? Surely we can reach an agreement and get this sorted?'

I had to laugh, then I came up with various replies but told myself to wait an hour by then I thought just keep to the facts and answer questions.

I wrote:

'Believe it was sent in the post Friday as my solicitor has been on holiday'

Which was very different to my original replies, as you can imagine.