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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35056
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family Law
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I am considering divorce ,my children have grown up ,would

my wife still be entitled... Show More
my wife still be entitled to any of my salary.
The mortgage is paid.
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Ask Your Own Family Law Question
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the Uk are you in and how much do you each earn?
Customer reply replied 2 years ago.
I live in Manchester
100k a year
How much does your wife earn?
Customer reply replied 2 years ago.
About 15k a year
I cannot phone this evening but could do so tomorrow. if you wishHowever I also need to know the value of the capital assets - and how long you lived together
Customer reply replied 2 years ago.
How do I stand with my salary,our plan would be to sell the house and I guess that's 50/50 which I accept I'm concerned that I have to give her any of my salary ,we are both in our 50s
Customer reply replied 2 years ago.
The capital assets are a house worth 280k and 30k savings we have been together 25 years
I also gave a pension which I assume she is entitled to half of
I am afraid that given the difference in your incomes there is a real risk of Spouse maintenance UNLESS you give her considerably more than half of the Capital assets.This is based on the fact that her potential career prospects were compromised by caring for the childrenThis does assume however that she does not have a new partnerShe is indeed also entitled t o half of your pensionPlease ask if you need further details
Customer reply replied 2 years ago.
How much would considerably more be likely to be 70/30?
Customer reply replied 2 years ago.
Or how is spouse maintenance worked out
70/30 would be a reasonable offer and should suffice.Spouse maintenance is needs based - but the needs would reflect the former lifestyle to a degree which makes it difficult to be specific - but £20K would be possible - hopefully lower but that could be a worst case scenarioClare
Customer reply replied 2 years ago.
So is the calculation roughly 1/5th of salary
Customer reply replied 2 years ago.
Could I use giving up work as a negotiating position
The figure I gave is based on a very old rule of thumb that the lower income shoudl be a third of the joint income - but it is still a needs based matter.If the court feels that you have deliberately left work to thwart spouse maintenance then they can make a simply give your ex a larger share of the capital assets anyway - which is why it is better to negotiate it yourselves using Family
Customer reply replied 2 years ago.
Family mediation is what you would suggest
It gives you a good chance of negotiating a settlement that you can live with even if you do not wholeheartedly like it
Customer reply replied 2 years ago.
Ok thankyou
Customer reply replied 2 years ago.
How long would the 1/3 salary that she may be entitled too last for
Again that is negotiable - much depends on whether she could retrain and earn more herself Worst case scenario would be until the pension kicked in - or she remarried of cohabited
Please let me know if you still need more assisatnce