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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34275
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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I have been divorced for some years now, my ex got the house

Resolved Question:

I have been divorced for some years now, my ex got the house for a really low price and I am still paying £200 maintenance. Our children are all grown up and have left to make their own way in the world so they are not involved.
My ex now has a new partner and he has given up his council bungalow to move in with my ex. Have I got grounds to stop paying any further maintenance
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
When does the court order say that the maintenance should cease
Clare
Customer: replied 2 years ago.

The court order does not give an end date, it says "during our joint lives or until further order"

It does say the property should be for use as a home for herself.

I would argue however that if she is now living with another person who will almost certainly be contributing to the household expenses, my contribution should cease

Expert:  Clare replied 2 years ago.
Hi
When was the divorce and did you have a Private pension - if so was there a Pension sharing Order?
Clare
Customer: replied 2 years ago.

The divorce was final in July 2002, however she applied for the divorce before the pension rules changed in 2001 so she could not share my pension (Army) as a right but it was taken into account as part of my income

Expert:  Clare replied 2 years ago.
Hi
Then whilst you can apply to the court for a downward variation based on the fact that she is cohabiting as it is likely that this will be seen as a way of her sharing your pension, and accordingly will only stop if you are willing to make a Capital settlement to end it.
I am sorry not to give better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

(A) Is it likely that the court would agree to a variation and/or (B) what would happen if I just stopped paying the maintenance

Expert:  Clare replied 2 years ago.
Hi
Please remember I know only what you have told me here!
On that basis I have to say I think it is unlikely that the variation would be granted.
If you stop payment then your ex can apply to the court to enforce the order - a much easier option than a variation
Clare
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