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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2733
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband had a spousal order made when he and his wife

Resolved Question:

My husband had a spousal order made when he and his wife divorced 9 years ago. Since then, my husband has lost his job, gone bankrupt and their three children who lived with their mother have come to live with us on a full time basis. So we are now caring and paying for their three children and his ex wife is living rent free with her boyfriend and sees them about once every six weeks for an evening. My husband and I have also had two children of our own together in the last 3 years. His ex wife expects my husband to continue to pay her her spousal maintenance even though he has been bankrupt and she is no longer caring for the children. What do you think our chances are of varying the spousal order or having it set aside completely?
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.

Hi, thank you for your question. Please confirm if he is in England or Wales?

Customer: replied 10 months ago.
England
Expert:  Harris replied 10 months ago.

Thank you. Given the significant change in circumstances he would have a right to apply to vary the spousal maintenance and have it reassessed based on the current circumstances. Furthermore, if she is no cohabiting with a new partner he should check the terms of the order as there may be a clause which ends the spousal maintenance on the cohabitation with a new partner. If there is a child maintenance liability for the children this should also be reviewed given that they are now living with him.

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Customer: replied 10 months ago.
Thanks. The spousal order currently only ends if his ex wife remarries (so not just cohabitation).

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