Spousal Maintenance

Mojisola

scarb1 wrote: »

Since 2009 I have been paying £600 per month spousal maintenance to my x-wife by court order.

My income has gone down a huge amount but I don't know what to do, can't afford it anymore.

Whatever arrangements are made at the time of divorce, there must be a way of varying them if income drops. You can't pay out money you haven't got.

cazziebo

Buzzybee90 wrote: »

I know someone it was awarded to and I have no idea why, both have full time jobs.

I do too.

The reason was that she had given up a lucrative career, while he had progressed in the same profession. The argument was that if she had remained at work she would be on a similar salary to him. As it was, she could only go in at a very junior level because she had been out of the workforce for so long. Spousal maintenance was awarded on the condition it would stop when her own earnings hit a certain threshold. These were two very well off people who owned considerable assets.

My point is that this case has gone through the process, been reviewed, and the OP's own lawyer (by saying that it would be very expensive to challenge) is suggesting it's not straightforward. That's why I'm saying there must be some other circumstances here.

FBaby

The reason was that she had given up a lucrative career, while he had progressed in the same profession. The argument was that if she had remained at work she would be on a similar salary to him. As it was, she could only go in at a very junior level because she had been out of the workforce for so long. Spousal maintenance was awarded on the condition it would stop when her own earnings hit a certain threshold. These were two very well off people who owned considerable assets.

Sounds to me like one had a better solicitor than the other, because surely, even if she was left to go back to a more junior role, she would have opportunities to get back up the ladder if she'd been there before, unless she was close to retirement at that time.

cazziebo

FBaby wrote: »

Sounds to me like one had a better solicitor than the other, because surely, even if she was left to go back to a more junior role, she would have opportunities to get back up the ladder if she'd been there before, unless she was close to retirement at that time.

Not really. If you are out of the workforce for 16 years or so, it would be almost impossible to catch up with someone on a prescribed career path who is that far in front. Arguably, the working partner only achieved what he did in his career because he was well supported at home.

As I said there was a threshold set so once she earned over that then the maintenance would stop.

FBaby

Similarly it is easy to assume that the person was bound to be at that level had their not decided to step down when they did. They could very well have decided the job wasn't for them after all , too much pressure, could Hebrew made a mistake and been stroke off. I always find it interesting how in requests for spousal maintenance assumptions always go in the direction that the -usually- female forcibly be in a much better financial position after the divorce if they had continued to work. It also always seems to assume that the decision to stop working was a joint one. I certainly know cases where the woman insisted on stopping working even though that wasn't what the husband wanted but he didn't have much say in it (probably the start of the marriage going downhill!).

Guest101

scarb1 wrote: »

I am in the UK - I have not assets, my house was signed over to my x-wife in return for me getting my occupational pension, which I was not happy with but my solicitor said it would cost me thousands of pounds to continue with the case which I did not have. I have no assets at all except personal belongings. My x-wife claimed she was not able to work so I would have to support her for life!

So in 5 years she's not worked? Not claimed benefits? And not in a long term relTionship?

Are u aware how SM works?

peachyprice

cazziebo wrote: »

My point is that this case has gone through the process, been reviewed, and the OP's own lawyer (by saying that it would be very expensive to challenge) is suggesting it's not straightforward. That's why I'm saying there must be some other circumstances here.

OP's solicitor hasn't said the spousal maintenance isn't worth challenging, he said signing the house over wasn't worth challenging.

scarb1 wrote: »

my house was signed over to my x-wife in return for me getting my occupational pension, which I was not happy with but my solicitor said it would cost me thousands of pounds to continue with the case which I did not have.

cazziebo

peachyprice wrote: »

OP's solicitor hasn't said the spousal maintenance isn't worth challenging, he said signing the house over wasn't worth challenging.

I assumed that from this first post that the lawyer has said it would be an expensive process....

scarb1 wrote: »

Hi,
.Don't want to pay thousands more in legal fees and end up worse off. .

if it was to be challenged the solicitor would have said (one would think!)

From what I've seen, spousal maintenance isn't awarded often, but where I have seen it has been in wealthier relationships. This makes me think it's not done for hardship, but more on a "splitting of assets" basis with investment in partners career quantified as an asset.

FBaby - I don't know any women or men who are in a better position financially post split. There are few winners in divorce.

peachyprice

cazziebo wrote: »

I assumed that from this first post that the lawyer has said it would be an expensive process....



if it was to be challenged the solicitor would have said (one would think!)

Oh, I don't know, it seems like only a pretty crap solicitor would let his/her client walk away having signed his assets over and having to pay spousal maintenance!

cazziebo

peachyprice wrote: »

Oh, I don't know, it seems like only a pretty crap solicitor would let his/her client walk away having signed his assets over and having to pay spousal maintenance!

THEIR assets.

As with so many of these posts - we don't know the full facts.

It is very unusual for spousal maintenance to be awarded, even rarer for it to be done indefinitely. For this to be awarded, there must be more to the case than we've been told here.