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TOPIC: Spousal maintenance

Spousal maintenance 1 week 6 days ago #100901

Hello,

About to go through divorce and wanted to ask some questions about spousal maintenance and financial settlements.

Some background info if that helps:

•Married for 2 years
• we are both under 31 years of age
•Wife doesn't work. Claiming benefits and looking after 1 •year old.
•Wife was working part time before baby was born and •worked up to 5 months in to pregnancy
•No assets - we don't own a house
•I own a car
•I have personal savings of around 28k
•My salary is around 28k

Is wife entitled to spousal maintenance and will courts split my savings? I've not stopped her from working. I encouraged her to work

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Spousal maintenance 1 week 6 days ago #100904

In short yes and yes . Anything you both own are martrimonal assets ..
don’t do what I did and use a solicitor . Mine took 18 months odd to sort a consent order . Pay a direct access barrister to advise you on what they think you should be aiming to achieve in an order . Will be a lot cheaper like £500 . As yours was a very short marriage you could well argue she’s not entitled to much but there’s no set formula . All
Needs based . Which is in itself down to the interpretation of the judge . After they apply the sharing principles above needs . Ie if you can give more they may well take more ..

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Spousal maintenance 1 week 6 days ago #100908

That is shocking that she could be entitled to spousal maintenance. How long could it last for? And how much you could she be entitled to?

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Spousal maintenance 1 week 6 days ago #100912

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Spousal maintenance 1 week 6 days ago #100924

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I very much doubt that you’ve been married long enough to warrant paying spousal maintenance. You might put yourself in a better position by offering to share the savings with her, as you have a child together. If you can sort out the divorce amicably it would be better for you all.

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Spousal maintenance 1 week 6 days ago #100927

I'm already paying her 60 quid a week for child maintenance. Surely her benefits is enough. Some of these benefits claimants get more than those in work!

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