Spousal maintenance if previous higher earning partner deliberately not working
toxicmango
Posts: 9 Forumite
Hello All
Unfortunately me and my partner are divorcing after many years together.
My partner was the higher income earner about £60k to my £40k - but two years ago she quit her job. Since then she has refused to find a job and is trying her hand at various self employment roles. If she went back to work no reason why wouldn’t earn again. At this time she has no income as doesn’t want to work and be her own boss.
In these circumstances what is everyone’s experience with spousal support.
Many thanks
TM
Unfortunately me and my partner are divorcing after many years together.
My partner was the higher income earner about £60k to my £40k - but two years ago she quit her job. Since then she has refused to find a job and is trying her hand at various self employment roles. If she went back to work no reason why wouldn’t earn again. At this time she has no income as doesn’t want to work and be her own boss.
In these circumstances what is everyone’s experience with spousal support.
Many thanks
TM
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Comments
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I'm my (limited) experience, spousal maintenance is rare.
My friend's solicitor told her - as a Mum of 2 aged 12 & 8 working a few hours a week - didn't stand a cat-in-hell's chance of being awarded this.
Have you taken any legal advice at all?
Has your wife mentioned spousal maintenance?
Has she taken any legal advice at all?0 -
Doesn't seem that spousal maintenance is necessary for either partytoxicmango wrote: »Hello All
Unfortunately me and my partner are divorcing after many years together.
My partner was the higher income earner about £60k to my £40k - but two years ago she quit her job. Since then she has refused to find a job and is trying her hand at various self employment roles. If she went back to work no reason why wouldn’t earn again. At this time she has no income as doesn’t want to work and be her own boss.
In these circumstances what is everyone’s experience with spousal support.
Many thanks
TM0 -
Spousal maintenace is very uncommon these days except as a short term briding arrangement (for instance when one party is tranasitioning from being a full time stay-at-home parent, back into work) or there are unusual circumstnaces. It's therfore fairly unlikely that Spousal maintenace would be a consideration in any event.
A court in considering what financial settmenet is fair ocer all is entitled to look at all the circumstnaces including both parties incomes and earning capacity, so they are allowed to consider what she could realistically earn, as well as what she is currently earning.
However, the courts have recognised that people do switch careers and if that if waht she is doing, then the court will probably accept that her future earnin capacity may well be significantly lower than it was in the past.
I seem to recall that there was a case a couple of years ago where the husband had ben very well paid - I think a city trader or something of that sort. He resigned and was planning to re-train as a teacher, and the corut accepted that his earning capcity was what he would earn as a teacher, not what he would earn if he chose to return to a high-powered city job.
However, your solicitor, once they have full finacial disclosure from you both, will be able to advise based on your individual situation. Any comments here can only be very general.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Spousal maintenance, as others have said, is rare. I can't work as one of our children has severe disabilities - I am his carer as well as his mum. The courts didn't award me a penny in spousal maintenance even though my (now ex) husband was working. Mind you, he probably wouldn't have paid it anyway, unless it had come directly from his wages. After all, that's what happened with child maintenance.0
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I’ve just gone through a divorce I can’t see her getting it at those income levels, parts of the divorce system are years out of date and it does seem to favour women (my opinion) but it’s not that bad.
Push your solicitor to ask her to produce p60’s and bank statements for the last 2/3 tax years to show her earning potential.
After the form E’s are submitted there’s a chance to question the other sides answers, this is a good opportunity to push your solicitor to rip into her regards income at this point and highlight the income issue to the judge.0 -
Spousal maintenance is only payable for high earners so on that basis your ex wife would be unlikely to be ordered to pay it on a salary of only £60k.0
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Spousal maintenance is only payable for high earners so on that basis your ex wife would be unlikely to be ordered to pay it on a salary of only £60k.
Do you have anything to back that statement up?
I did know of someone who had a very savvy divorce solicitor who got her spousal maintenance payment but I doubt that her ex was what you would class as a 'high earner'.0 -
The only scenarios where it's likely for someone to receive spousal maintenance is if one partner earns a huge sum of money or if someone gave up their career to look after children and they need time to reintegrate into the job market, neither of which appear to apply here.
You've got zero chance.0 -
Are you asking if she should pay you , or you should pay her?Vuja De - the feeling you'll be here later0
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