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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.

 

Spousal maintenance

  • featuring
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15 May 24 #523057 by featuring
Topic started by featuring
We were married for 14 years and don't have any children. Im 37. We decide to split up mutually.

We don't own a house or business so I want his pension and spousal maintenance

I have candida and ibs and vertigo and am often really really fatigued so I haven't worked full time for a long time I work one shift a week in a museum. I have very bad social anxiety

I am on UC and have tried to get PIP but don't meet the threshold

I am renting by myself now and he paid for everything before I'm really worried I'm not going to be able to afford to live

if I can prove my illnesses affect me so badly that I can't work can I get spousal support..?



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16 May 24 #523067 by hadenoughnow
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You will be entitled to a pension share, assuming you have little or no pension of your own.
Are there any savings? They too should be shared.
As to spousal maintenance, a lot depends on what he earns and the cost of meeting his needs. It would have to be set at a level higher than the UC you currently receive. Spousal maintenance is counted as unearned income and deducted £ for £ from UC benefits. So unless he has a surplus of income over needs that is sufficiently high to cover this, I think SM is unlikely.
I don't know if there's a creative way round this - like paying into a pension in your name. You wouldn't be able to access this for 20 years though.

Hadenoughnow

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16 May 24 #523083 by featuring
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Thank you! He has offered a 50% pension share already. I have a bit of savings, a few thousand and he doesn't have any.

with my job and benefits my annual income is just under half of his so I want him to give me spousal maintenance that's about a quarter of his income to even it out.

like I say we don't have kids and the marriage was... medium length. So I don't really know what my chances are of getting it? But I really need it

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16 May 24 #523085 by WYSPECIAL
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How much do you each earn?
It is unlikely it would be based on an amount to even out your incomes and would probably only be payable for a limited time.

If you did get SM it would reduce your UC pound for pound.

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17 May 24 #523086 by featuring
Reply from featuring
Thanks for responding
I earn about £19,000 and he earns £46,000

I know SM might not be granted but I have nothing to lose to try my luck.

If I got him to provide it as a lump sum (or 2 lump sums under £6000 each) I think he would do it to avoid court. Would that pass the UC rules on unearned income?

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19 May 24 #523108 by WYSPECIAL
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£46k isn’t a huge salary. He is unlikely to have much spare income after paying all his own living costs.

I’m unsure how paying it as lump sums would change the fact that you are receiving. I think you may be confusing it with savings limits.

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20 May 24 #523109 by featuring
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Hi WY thank you. Yes I mean if I can get him to give me 2 lump sums maybe 6 months apart that are just under 6k will these be viewed as savings not maintenance?

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