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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34123
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 wife won't divorce me do I have to pay her maintenance?

Customer Question

My wife won't divorce me do I have to pay her maintenance? Children all grown up.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Could you explain a little more about the situation please

Customer: replied 11 months ago.
We have sold our house and split the proceeds 50/50.
I have a state pension and private pension.
We both have our own properties now.
Both of us are retired.
Expert:  Clare replied 11 months ago.

Do you want a divorce?

What income do you each have?

Customer: replied 11 months ago.
I get £ 9000 pa after tax private pension. State pension about the same. Also an Honorarium of £2500 pa as treasurer of a club which I will finish in 2 years.
I think her private pension about £4000 pa.
She says she doesn't want a divorce but I am not bothered either way. It depends on what is best for me.
Expert:  Clare replied 11 months ago.

How much has your ex asked for?

Customer: replied 11 months ago.
163;600 month
Expert:  Clare replied 11 months ago.

£7,000 plus a year?

Where does she think that will come from?

Customer: replied 11 months ago.
I don't know. What is the correct legal position that's all I want to know!
Expert:  Clare replied 11 months ago.

The difference in your incomes means that your wife does have a potential spouse maintenance claim - even without a divorce.

However the amount that she has asked for is absurd given your income and clearly exceeds her reasonable needs - these are the two factors that the court will bear in mind in any calculation

Please ask if you need further details

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