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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have received maintenance of £1100 per month for the last

Resolved Question:

I have received maintenance of £1100 per month for the last eight years. My ex husband is retiring in 2015 aged 60. I will be 58. Our divorce agreement states that the level of maintenance should be re-assessed upon his retirement. He states that he will stop all payments when he retires. Where do I stand in the eyes of the law and can I contest this?

Many thanks
Rachel
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income will have on retirement and was any Pension Sharing arrangement made within the Financial settlement?
Clare
Customer: replied 2 years ago.
Hi Claire,

Thanks for responding. Yes we had a 50/50 pension split and my expected level of income after my ex's retirement will be in the region of £1600 per month. This is reached partly by my share of the pension and partly income from selling my home and down sizing and a small amount from my cleaning job. My ex will be 60 when he retires and I wondered if it was expected by the divorce court that he would 65 when he retired. He has a high level of income and while I know he has worked hard all our married life I wondered if there was any case for continued support from him at a lower level.

Many thanks
Rachel
Expert:  Clare replied 2 years ago.
Hi
What will his income be?
Clare
Customer: replied 2 years ago.
Oh goodness who knows. He is a director of a huge American company and is on a final salary pension which I know he has greatly added to in the last eight years. He owns his own property and will receive a golden handshake because he is taking early retirement.

Sorry but I can't add anymore because apart from an email once a year regarding my 25% of his annual bonus we have no contact to even regarding our children or grandchildren

Rachel
Expert:  Clare replied 2 years ago.
HI
What is the exact wording of the Order when it comes to this point - doe sit say it ends or just has to be reassessed?
Clare
Customer: replied 2 years ago.
Hi Claire

It just says that it will be re-assessed upon his retirement.

Rachel
Expert:  Clare replied 2 years ago.
Hi
What is your current level of income
Clare
Customer: replied 2 years ago.
Morning Claire

My current income is £1540 which is made up of £1100 maintenance and £480 from my cleaning job which can go down if my clients are away or there is a bank holiday.

Rachel
Expert:  Clare replied 2 years ago.
Hi
So your income will remain the same after he retires?
Clare
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
Yes
Expert:  Clare replied 2 years ago.
Hi Rachel
At what age will you be eligible for your state pension (now of course a movable feast)
Clare
Customer: replied 2 years ago.
67
Expert:  Clare replied 2 years ago.
Hi
What other work skills do you have?
Clare
Customer: replied 2 years ago.
Hi Claire

No other skills as I didn't work when I was married other than being a busy wife and Mum who also did decorating and looked after our large garden and did the entertaining


Rachel
Expert:  Clare replied 2 years ago.
Hi
I am sorry to be a pain but I want to be sure I tell you the right way forward
What is the exact wording from the Order about what happens on his retirement?
Clare
Customer: replied 2 years ago.
Hi Claire

I will have to go on my other computer where the
document is stored so will get back to you sometime over the next couple of days.

Have a good weekend.

Rachel
Expert:  Clare replied 2 years ago.
HI Rachel
That is fine - and enjoy your weekend as well
Clare
Customer: replied 2 years ago.
Hi Claire

The exact wording is as follows:-

And upon the husband and the wife agreeing that the periodical payments ordered at paragraph 4 below shall be reviewed on the husbands retirement.

Paragraph 4 reads:-

The husband shall pay periodical payments to the wife at the rate of £1100 per calendar month payable monthly in advance on the twenty-first day of each month by standing order into such UK bank account as the wife may from time to time designate commencing 21 July 2006 until the death of either of the husband or the wife or the wife's remarriage or further order.

Hope this gives you an exact view.

Rachel
Expert:  Clare replied 2 years ago.
Hi
Well that is good news!
The simple fact is that your ex cannot simply stop the payments - or rather, if he does you can then apply to enforce the order.
The enforcement options are set out here
http://www.familylaw.co.uk/system/uploads/attachments/0002/1197/EX327.pdf
(but do NOT register it in the Magistrates Court)
If your ex wishes to reduce/stop the payment then he has to apply to the court for a downward variation.
One factor will be the question of when you part of the pension will start to be paid - another is your working capacity (which is decreasing with age as it is for me lol)
If you wish to be generous you can suggest closer to the time that you discuss a variation using Family mediation - but there is no requirement on you to do so
I hope that this is of assistance - please ask if you need further details
Clate
Customer: replied 2 years ago.
Thanks Claire.

I will try to work things out privately with my ex as I don't wish to have any more heartache and I think that for the sake of our boys and granddaughters a civilised agreement would be best. It's gratifying to know that I just can't be cast aside. If we can work things out do we have to let the court know of our agreement and should I get things in writing?

Thanks for all you help.

Rachel
Expert:  Clare replied 2 years ago.
Hi
For his sake it should go via the courts - bit agreed in writing is fine
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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