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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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In 2004 I was awarded 40% of my husbands net income after Tax

Customer Question

In 2004 I was awarded 40% of my husbands net income after Tax and insurance. This after 35 years of marriage. Throughout this period, I was actively involved in my husbands career. ie: Helping him with lyric writing, studio recording, and being an ear and advisor for hours at a time when he was composing. I was an unpaid managing director - 99% shareholder of one of his publishing companies and secretary of a couple of others. Since our divorce - my husband has been claiming massive expenses on top of tax and insurance which from an annual income of around 245,000 Euro's, his net income is claimed to be 97.669 Euro's. His expenses, apart from tax and insurance, solidarity tax, and church tax are claimed in respect of travelling to and from gigs, what he pays his new wife who has since our divorce become his manager, (30,000 per annum) and other non disclosed expenses. So I receive around £24.000 per annum. I get the minimum state pension about £2,500 per annum because I did not receive a wage and because stamps weren't paid on my behalf. In other words my lifestyle now as compared to the 35 years I was married are incomparable. I am flabergasted when I hear that there should be a fair share of ongoing income. I never received a wage - it was a joint venture. I got just a little over half of the sale of our family home, and a small amount from the joint bank account and he was the one who walked away from the marriage. I was unaware when I applied for a divorce that he'd been having an affair for over 10 years.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was the Order made by a UK Court?
Customer: replied 3 years ago.

Yes, it was.

My divorce solicitor had made it quite clear that my 40% maintenance was to be (Gross Income) less Tax and Insurance. ( Net Income) It was never disputed during the correspondence between the 2 solicitors. Expenses were never ever discussed. It was a few years before I became aware that my maintenance payments hardly compared with my ex husbands success. The information I received from his accountant was just an annual certificate showing the income after taxes etc had been paid. Again - nothing showing expenses. I was advised by an accountant to request a full breakdown. Consequently - after receiving that information I sought the help of (firstly) my divorce solicitor, who confirmed her explanation for 40% of Gross income being after Income Tax & Insurance (Net Income) I then found myself a less expensive solicitor. She corresponded with my ex's divorce solicitor who's response was (My ex was self employed and therefore entitled to claim all expenses before IncomeTax etc.

Not once, during the enormous amount of correspondence between the acting solicitor's were expenses ever mentioned. The definition had been made clear by my solicitor, and were never disputed during that time. His solicitor has since claimed that as my solicitor had not defined her explanation in the 'Consent Order' it doesn't apply.

Expert:  Clare replied 3 years ago.
Is there correspondance regarding the definition?
Customer: replied 3 years ago.

Yes -

Quote:- The formula for the calculation of maintenance being

as follows:-

1) Based on the " Previous " Calendar Year's earnings of Mr Andrews.

Gross Earnings

Less: Income Tax

Less: National Insurance

Net Earnings


13.12.2005:- Quote:- Ditto.

03.03.2006 Ref c/81/AND 26-1/SLC

Quote:/ Mr Andrews to pay spousal Maintenance for joint lives to be calculated in accordance with paragraphs 6,6.1 and 6.2 of the agreement dated 14th Oct. 2004.

An absolute prerequisite.

The Net earnings to be defined as Gross earnings less National Insurance and Paye Income Tax.

This was never questioned or disputed by ex's solicitor.

Expert:  Clare replied 3 years ago.
Hi Gloria
Which court made the Order?
Customer: replied 3 years ago.

Bury St Edmunds,



Expert:  Clare replied 3 years ago.
How much do you suspect he owes you?