Maintenance Payments

TBagpuss

webb17 wrote: »

I pay both child maintenance and spousal maintenance. The court papers are clear that the spousal ends when kids leave school. But I'd like to continue to pay her. Obviously I CAN / nothing stopping me.

But am I being weird? From what I can see the majority of spousal payments continue "forever". If that is the case then fine. But if 90% end the spousal part when kids leave school then I'm probably being weird

Historically, spusal meaintence used to be or 'joint lives' - i.e. until the forst of you dies. This was originally because the reality was that women earned significanlty less than men and women often left the workforce for lpng periods once they had children, and realistically couldn't recover to the point of supporting themselves.

Such arrangements are now the exception rather than the rule, it is normal for spousal miantenance to be for a limited period, save in exceptional circumstnaces (for instance, where the parties are retueed or close to retuirement so relastically there will be no way for the receipient to change or increase their inome, or where the receipient is disabled or otherwise incapcitated from supporting themself.

It may be wise for you to ensure that this is a break ( i.e. at least a month where no payment is made, and that you make very cler that any further payments are by way of gift not ongoing maintenance, to avoid any problems if you later want to stop paying.

If your childen are just now leaving school you may want to consier making payments directly to the childnre for the next year or so to help them transition toward independence, and you could consider letting your ex wife know that you are willing to continue to make ex gratia payments to her for another 12 months (say) on a voluntary basis, which should come as a nice surprise to her as she'll be aware that the meaintenace is due to end.

However, I would not say anything until after the minantece coms to an end. What you want to avoid is the possibility of her applying to the court to extend the term for the maintenance (which, unless the order is drafted as non-extendable, she can do until it expires) If you had, before that time, written or speken to her offering to continue to pay this could be seen as evidence that you agreed that she needed the maintenance to continue.

Obviously if you want to make payments longer term that's up to you, but do bear in mind that this may make it harder for you to stop at a later date, if your situatuiion chanes, so I would strongly recommend that if you decide to offer voluntary payments that you don't do so until fter the court orderhas expired, and that you only ever offer or a set, shortterm period, so that you can always stop fiarly easily if you need to.