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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33515
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I was order to pay spousal maintenance at 18% of my net income

Resolved Question:

I was order to pay spousal maintenance at 18% of my net income in 2003, age 51, ex 41. The capital split at the time was 95:5 in her favour. The order was for 5 years or until I retire from my company 'whichever is the later'. At the time of the order the expected retirement was 57-60, but at age 62 due to a number of changed circumstances I am still paying. I will have paid >100k SM over the last 12 years. 3 years after the order she sold the FMH releasing 140k of equity (double that available at the time of the order) plus she was awarded 30% of the CETV of my pension~80k. She has cohabited with a new partner (impoverished) for the last 10 years. My salary is 60k p/a.
Can I stop paying ?- If I retired Monday the order ends. Seems extremely unfair that I should have to take into account, or be influenced by an order that was drawn up 12 years ago when considering/planning my own retirement date?
PS - I do not want to go down the route of financial disclosure 15 years after we seperated, 12 years after the divorce. The order took 2 years to agree in the first instance. I am single.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
May I ask why you did not take the matter back to court when she started co-habiting?
Clare
Customer: replied 1 year ago.

The financial settlement took 2 years to agree. I really did not have the motivation to start going through further court proceedings - So I stuck to the order. Now that I've turned 62, and still have an o/s mortgage of 50k, i feel I've paid enough.

Expert:  Clare replied 1 year ago.
Hi
The simple fact is that if you wish to stop payments you must either retire OR take the matter back to court.
Given that she has cohabited for so long you have an excellent chance of success especially with the recent case of Wright v Wright in the Judge's mind.
As a half way house you can stop paying and let your ex take the matter back to court - but this is a risky option
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33515
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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