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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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15 years after divorce I am approaching retirement (March

Customer Question

15 years after divorce I am approaching retirement (March 2016); my gross income will then be 22% of its current level. Please note that our children are in their 30's and are financially independent. Currently paying £1020 per month to ex-wife.

The Ancillary relief order granted my ex-wife half my NHS pension (crystallised at time divorce), which with the minimum lump sum that brings maximum income will pay her 75% of the current monthly maintenance amount (estimate of £760 per month based on information from NHS pensions) and a lump sum of £27,000.  She has also had an inheritance  since the divorce which was not taken into account in the order as she mis-told the court she was not due to inherit her parents estate.

The order did not cover changes at my retirement.  Particularly there was no mention of changes to my ex-wife's maintenance when I retire, if my income falls.

If it is not specified otherwise in an ancillary relief order, is it expected that maintenance continues as before when the paying party retires?  If I want to change the level based on my changed circumstances is my only alternative to apply for a variation of order to change the level of maintenance to my ex-wife?

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What is the exact wording of the Spouse maintenance order?