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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2551
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am 56 and have been married years although

Resolved Question:

Hello, I am 56 and have been married for 16 years although separated for the past three and a half years. My husband has just sent me an email telling me that in light of recent cases he has decided he no longer has to support me ongoing and proposes a gradual ceasing of maintenance over the next 3 years. Our daughter is 16 and will be moving to Spain to live with her father for 6th form later this year. I only have a small earned income and little prospect of returning to any significant paid employment after being out of the main workforce for our married life. He s not in a position to give me a clean break divorce settlement without selling his business. How could I be expected to support myself without his spousal payments and is his understanding of this change in the law accurate. Many thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Your husband is not correct in stating that he should be reducing his maintenance in light of recent cases. Each case has to be decided on its own facts. It appears that as your daughter will no longer be in your care, your financial needs will be less. The amount of maintenance he provides you is in relation to your reasonable needs and you will need to inform him of what these are by providing him a breakdown of current and future reasonable outgoings, as well as your current an future income. He will need to do the same and this is how a court will decide whether spousal maintenance is necessary. It is correct that courts have recently been reluctant to grant lifelong spousal maintenance provision and you will meed to demonstrate how you will eventually meet your own needs so that there can be a clean break. In the event he does not agree you should pursue an application to court under Form A for financial relief and the court will be able to consider all assets and finances to decide on ehat a reasonable settlement should be. Please rate my response positively if you found it jelpful - I will not be credited with answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2551
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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