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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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If i am paying uk£ 3500 a month as maintenance and i and the

Customer Question

if i am paying uk£ 3500 a month as maintenance and i and the X is 55 years old after 25 years of marriage. how do i calculate a final settlement to remove the monthly burden post divorce Is there a formula as I am due to continue for HER lifetime not mine.
Submitted: 27 days ago.
Category: Family Law
Expert:  Harris replied 27 days ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is this child maintenance or spousal maintenance?

-What are your respective incomes (not including what you are paying as maintenance?)

-What assets do you both have, both joint and sole?

-How long were you married?

-Is there a court approved order in place regarding these payments?

Customer: replied 27 days ago.
we split evenly ALL assets including my pension.
25 years marriage, with two children age 27 and 19. The youngest was included within the divorce settlement which was 3 years ago . Spousal maitenance. My income is in xs of uk£ 150k and my X does not have an income at all.
Expert:  Harris replied 27 days ago.

Thank you - was the financial settlement approved in a court order?

Customer: replied 27 days ago.
i understand that there is a gov formula that looks at what i am paying monthly and calculates a full and final settlement. Thas what i am looking for
Customer: replied 27 days ago.
all sorted by law and no issues at all to date on either side. Just looking for the formula
Expert:  Harris replied 27 days ago.

I am afraid the only formula for maintenance is in relation to child maintenance. Spousal maintenance has no specific formula and there needs to be assessment of various factors, mainly in relation to what her reasonable needs (ie. outgoings are) as well as what your income and reasonable needs are. If you income or circumstances have changed significantly you would be entitled to apply to vary the court order, but again there is no specific formula for spousal maintenance.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 27 days ago.
My Divorce lawyer told me that i can agree a final settlement and that there were tables that the GOV. uses to do this. i will have to go back to her for clarity. Thanks
Expert:  Clare replied 27 days ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

As I understand it you wish to "buy out" your liability for Spouse Maintenance with a Lump Sum

The calculation is done using the "Duxbury Tables"

You can read about them here

http://www.marilynstowe.co.uk/2012/12/30/the-duxbury-tables/

Sadly these are not available online and they cost £50 to purchase (they can also be difficult to use)

Please ask if you need further details

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