The UK's largest and most visited divorce site.
Modern, convenient and affordable services.
We've helped over 1 million people since 2007.

Click this button for details of our

email, phone nbr and free consultations.

How To Contact Us

Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

nominal maintenance order

Start
Prev
1
Next
End

goatgirl11
Posted by
Junior Member

30 Jan 24 - 30 Jan 24 #522439 by goatgirl11

Topic started by goatgirl11

Had final hearing last week and husband ordered to make spousal maintenance to me. He has decided to capitalise this (which is a good thing?) and will pay in three months less the three months he will have paid.

Question is, I think he will cohabit very soon (ex husband stays at new partners almost full time anyway)
All children are now adults

With the Clean Break will i have no comeback if he moves in with her and therefore could have afforded to pay me a lot more?

Thanks

Last edit: 30 Jan 24 by goatgirl11. Reason: extra info

TrialRun
Junior Member

30 Jan 24 - 30 Jan 24 #522440 by TrialRun

Reply from TrialRun

Post removed by moderator.

Whilst we encourage discussion here at Wikivorce, you must make your comments in a respectful manner. Challenge others' points of view and opinions, but do so respectfully and thoughtfully… without insult and personal attack. Harassing, offensive, vulgar or abusive communications – especially those aimed at sexual orientation, gender, race, colour, religious views, national origin, or disability – will not be permitted.

Abuse of another member will not be tolerated in any form.

Last edit: 30 Jan 24 by rubytuesday.

.Charles
Platinum Member

30 Jan 24 #522441 by .Charles

Reply from .Charles

If there is a clean break and a termed maintenance (assuming it is 6 months as per the curt response above) it is unlikely that anything would have changed due to cohabitation.

The new partner does not have to subsidise your ex in order that he can pay more maintenance and he may well be paying rent or money in lieu of rent in any event which means that there may not be any extra money.

Charles

goatgirl11
Posted by
Junior Member

30 Jan 24 #522443 by goatgirl11

Reply from goatgirl11

Thank you Charles for your reply.

Maintenance is for next ten years until ex husband turns 67. I recall my barrister saying something about the negatives of capitalisation but I had mentioned having the nominal order in place as new partner owns her own home, so his living needs would diminish. He practically lives there anyway but kept his rental on for the final hearing

goatgirl11
Posted by
Junior Member

30 Jan 24 - 30 Jan 24 #522444 by goatgirl11

Reply from goatgirl11

Trial Run - embarrassing from you

Last edit: 30 Jan 24 by goatgirl11. Reason: updating

.Charles
Platinum Member

30 Jan 24 #522466 by .Charles

Reply from .Charles

You need to moderate your tone.

Spousal maintenance is meant to be avoided by the court unless there is good reason to award it as is the case here.

If you have nothing positive to say there is no reason to say anything.

Charles

Start
Prev
1
Next
End

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.