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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34586
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex-husband earns £70,000 a year.I earn £10,000. He still

Resolved Question:

My ex-husband earns £70,000 a year.I earn £10,000. He still lives in the marital home which is valued at £350,000 and my ex pays the mortgage of £270,000. I live in a rented house with rent of £850 per month with my 15 year old daughter who stays with me 6 nights a week and my ex one night. Child maintenance have said he needs to pay £110 per week but I have not received this. He currently pays me £200 spousal maintenance and says this covers child maintenance.

We have the decree nisi and are negotiating a divorce settlement. How much should my ex be paying me and for how long?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is that £200 a week?
Is there a court order regarding the spouse maintenance?
Clare
Customer: replied 3 years ago.

Hi Clare


 


Yes it is £200 per week. There is no court order re spouse maintenance this was agreed between us before I moved out of the marital home.


 


Rebecca

Expert:  Clare replied 3 years ago.
Hi
What other assets and debts are there?
Clare
Customer: replied 3 years ago.

There are no other assets except equity in the house. He is saying there is approx £15,000 debt in credit cards. He also pays the HP on my car about £7000 worth at £150 per month. He is offering all the equity in the house less sale fees and credit card debts and the HP on car. He estimates would be £60,000 for me plus he will pay child maintenance and no spouse maintenance.

Expert:  Clare replied 3 years ago.
Hi
What work skills do you have - could you earn more?
Clare
Customer: replied 3 years ago.

I am 50 years old. I started my career in NHS management and was successful. However since 1994 I have been diagnosed with depression and been on anti depressants for years. The last 10 years I owned and ran a hair salon which suffered from the recession. The house is in my ex husbands name and the business was in my name. I sold the business to my husband for the value of the debt the business owed £13,000. In January 2012 I was admitted to hospital for severe depression and anxiety. I therefore am not in a position to pursue a management career again and I currently work as admin assistant for local counci. My ex husband ( a passive aggressive) never accepted my depression and believes I should be earning a high salary again.


 


I do not feel I can progress up the employment ladder at the moment and am concentrating on looking after my well being to reduce possibility of a relapse and to look after my daughter.

Expert:  Clare replied 3 years ago.
Hi
May I ask how you came to be the one in rented accommodation?
How much does a two bedroom property in the same area cost to buy?
Clare
Customer: replied 3 years ago.


I moved out because of my husband's unreasonable behaviour and he would not be seen to be the "bad" guy and refused to move out. My health was suffering and I had to make the decision to leave. Accommodation is anything from £700 - £850. The house I rent is comfortable for my daughter and myself and in good decorative order. However i stuggle to pay the bills and am considering moving to a cheaper property.

Expert:  Clare replied 3 years ago.
Hi
How much do you need to purchase a two bedroom property?
Clare
Customer: replied 3 years ago.


The cost of purchasing a 2 bed property would be something like £180,000 for a flat and £220,000 for a small house.

Expert:  Clare replied 3 years ago.
Hi
What about Pension issues - have they been addressed?
Clare
Customer: replied 3 years ago.

Yes he has agreed 50% of his NHS pension

Expert:  Clare replied 3 years ago.
HI
The offer that has been made is not a generous one - he is only offering you £30,000 more than you are entitled to in any event - and he does have a substantial ongoing spouse maintenance liability to you
Spouse maintenance is basically needs based - but the difference in your incomes means that £10,000 a year is not impossible - ambitious but not impossible.
Given your age and illness this is likely to be a long term responsibility.
However this can only be a guide and you do need to get some fac eto face advice to confirm the figures
Please ask if you need further details
Clare
Customer: replied 3 years ago.


Thank you for your reply. Please can you clarify "substantial ongoing spouse maintenance liability". Do you think a judge would consider the £200 per week he currently pays not enough?


 


In terms of equity in the house would I be entitled to more than 50% since our youngest daughter who is 15 years lives with me? Our elder daughter is 20 years old in full-time employment and lives with her dad.


 


Would on-going spouse maintenance mean I cannot have a clean break? How best could I protect any inheritance I may receive in the future from my ex-husband?


 


 


 

Expert:  Clare replied 3 years ago.
Hi
He is only paying you £90 a week - the rest is child maintenance - so no I do not think that is enough
You are likely to be entitled to 60% of the equity
- but there is simply not sufficient for your spouse maintenance to be "bought out"
You can have a clean break settlement with regard to capital and your inheritance will be safe - but when you receive it it may affect the Spouse Maintenance
Clare
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