Spouse Maintenance Help

mason's_mum

seriously, get a second opinion! that is completely bonkers!
are there any other assets you haven't told us about? shares? savings?
as already said above, the starting point would be a 50:50 split of all assets, with possibly some spousal maintenance for a short period of time to allow her to retrain and get back to working full time. 
You really need to sort this out - you are being taken for a fool!

LonMan

After the sale of the house we will have around £500,000. No shares, savings or pension worth mentioning. After tax I get around £6000 per month. She at the moment is training but when qualified in a year could earn about £25k, but she doesnt want to work full time. 
So she wants 70% of the house and £1900 per month, I thought it was crazy but my lawyer said that she would probably get awarded £2300 per month. 

Comms69

LonMan said:

After the sale of the house we will have around £500,000. No shares, savings or pension worth mentioning. After tax I get around £6000 per month. She at the moment is training but when qualified in a year could earn about £25k, but she doesnt want to work full time. 
So she wants 70% of the house and £1900 per month, I thought it was crazy but my lawyer said that she would probably get awarded £2300 per month. 

Yes ok, but why? That's the question we're all asking, and consider that lots of people here have been through divorces, or supported others through divorces

LonMan

Because apparently the rule of thumb is for her to be able to claim 1/3 of your income as spouse maintenance. 

Silvertabby

LonMan said:

Because apparently the rule of thumb is for her to be able to claim 1/3 of your income as spouse maintenance. 

Rubbish.  Most UK divorces are now 'clean break' whereby marital assets are divvied up at the point of divorce and no further payments are made by either side.  Child maintenance being a seperate issue.

A neighbour was awarded 2 years of spousal maintenance, but only because she had been a housewife for over 25 years.  This award was just to help her retrain and to get a job - but from what you say your ex could work, but she just doesn't want to.
I think your solicitor has been watching too many American movies! 

ADD:  Just a thought, but are you sure that your solicitor didn't mean that you would pay maintenance for just one year, ie until your ex has finished her training?  That would make more sense.

LonMan

I did ask about the length and they said its always variable. Some are 2 years, some are 5 years and even when it could come to an end the Judge normally allows some spouse maintenance to remain until at least secondary school age.
My Lawyer seems quite sure that the 50/50 split plus £1900 is a good deal, but possibly not for the full 13 years. My ex keeps saying she is going to take 70% plus more than £1900 a month. I guess I'm probably going to go to court to get a financial order, which I didn't really want due to the time and cost of it, but I dont think I have much choice.

Comms69

LonMan said:

I did ask about the length and they said its always variable. Some are 2 years, some are 5 years and even when it could come to an end the Judge normally allows some spouse maintenance to remain until at least secondary school age.
My Lawyer seems quite sure that the 50/50 split plus £1900 is a good deal, but possibly not for the full 13 years. My ex keeps saying she is going to take 70% plus more than £1900 a month. I guess I'm probably going to go to court to get a financial order, which I didn't really want due to the time and cost of it, but I dont think I have much choice.

Literally this isnt the case.

Does the £1900 include child maintenance?

On a serious note the 1/3 rule honestly doesnt exist. 1/3 of your income on a NMW job would put people into abject poverty. No solicitor should be saying that's any kind of rule - let alone that divorce settlements dont have rules as such anyway.

LonMan

Yes, to clarify the £1900 does include child maintenance.The rule she said would apply to me because of vast difference in income. The wording used was "rule of thumb" not a set rule.
Out of interest, what do you guys think would acceptable as an agreement?

Comms69

LonMan said:

Yes, to clarify the £1900 does include child maintenance.The rule she said would apply to me because of vast difference in income. The wording used was "rule of thumb" not a set rule.
Out of interest, what do you guys think would acceptable as an agreement?

50/50 on property, child maintenance at suitable rate (CMS calculator)

12-18 months of spousal support.

swingaloo

Seriously, as others have said you need to speak to a different solicitor. You are responsible for your children not your ex.        Perhaps its fair to help her till she gets sorted with an income but no way should you be paying for her to sit on her backside for 13 years. There is something absolutely incorrect about the advice you have been getting, please listen to the posters on here and try a new solicitor