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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 a consent order that states that i need to pay a

Customer Question

Hi,
I have a consent order that states that i need to pay a monthly amount to my spouse during joint lives, or a remariage or a further order. At the same time, the order indicates that any claim for pension sharing shall be dismissed as at the time the whole proceeds of the sale of the marital home was given to my former spouse.
I was wondering if -as i intend to retire soon and only live from my pension - the monthly payments are still due?
Thanks
Yann
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi YannThank you for your question.I am afraid the fact that there was no Pension Sharing Order was made has no relevance to the issue of Spouse maintenance being payableHowever if your income is going to reduce considerably then you can apply for a downward variation of the Spouse maintenance if you wish to do soPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Hi Clare,
I do not realy understand this. In fact, if I have to pay alimonies to my ex that would be taken from my monthly pension. de facto, this is pension sharing no?
Y
Expert:  Clare replied 1 year ago.
Hi Yann
I am afraid not
A Pension Sharing order would have involved dividing your pension pot into two and then transferring her part to a separate pension in her name.
Maintenance - payable from any income - is a separate matter
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok that doesn't look good!
Thanks anyway :)
cheers
Y
Customer: replied 1 year ago.
Ok that doesn't look good!
Thanks anyway :)
cheers
Yann
Expert:  Clare replied 1 year ago.
HI
You are most welcome
Clare