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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my ex wife was awarded spousal maintenance in 2001 to continue

Customer Question

my ex wife was awarded spousal maintenance in 2001 to continue until she re-marries. The settlement was 174K to 124K in her favour and for me to pay her £200 pcm. since that time I calculate I have paid her the best part of 25K in maintenance. Does this ever end and does she have a right to expect my present wife to pay out after my death?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your questions !
Has your income decreased since the Order was made - or has her income increased at all?
Is she still living with her partner?
Claire
Customer: replied 4 years ago.

Dear Claire
my income has decreased by approx £4,000. Hers has increased by approx £1-2000 p.a. She is no longer living with her boyfriend. I am due to retire this year (august) when my income will drop by £18500

Expert:  Clare replied 4 years ago.
Hi
What is the percentage reduction?
Claire
Customer: replied 4 years ago.

approximately 11.5% at the moment but when I retire it will be about 55% reduction in my income but I am concerned that my ex wife will still have a claim on what I leave to my present wife after my death

Expert:  Clare replied 4 years ago.
Hi
When will you retire ( do not worry I just want to answer in full)
Claire
Customer: replied 4 years ago.

I reach retirement age on 21 august 2013 and I would like to retire on that date

Expert:  Clare replied 4 years ago.
Hi
When you retire you can apply to the court for a downward variation of the maintenance - or indeed to make a final lump sum payment in lieu of any future maintenance.
The spouse maintenance that you are paying should be expressed to be "joint life" maintenance - so it will end on your death (or hers)
If you are uncertain then it woudl assist of you let me have the exact wording of the order
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Dear Claire,


Thank you for your advice, I will check the exact wording but the order is not to hand at the moment. May I reply tomorrow with the exact wording please


Murray

Expert:  Clare replied 4 years ago.
Hi
That will be fine - always best to check
Claire
Customer: replied 4 years ago.


Dear Claire,


sorry it took a while to locate the actual order but here is the wording:


 


" the respondent do pay or cause to be paid to the petitioner, periodic payments at the rate of £200 per month, payable monthly in advance, during their joint lives until the petitioner shall remarry or further order. Payments are to be made on the first day of each month commencing on the first day of the month following the completion of the sale of the property as set out in the paragraph 1 above."

Expert:  Clare replied 4 years ago.
Hi
Then her maintenance will end on your death
Claire
Customer: replied 4 years ago.

Dear Claire,


Thank you so much for taking such a weight from my mind. I can now relax somewhat knowing that my wife will be properly and rightfully cared for should I die first. And for not having to shell out a lot of money for the same advice. This is a wonderful service.


 


Best regards


Murray

Expert:  Clare replied 4 years ago.
Hi
I am glad that this rests your mind.
Please warn your wife that your ex could make a claim (if she is the type) against your estate - but that clearly the Court did not wish you to remain liable after death
Claire