Form E

After failed attempts to sort finances out between us including mediation we agreed to mutual exchange of form E. ex however didn’t provide any supporting evidence, only main bank statements. I have asked for the missing info and from what can be seen it is clear that they could afford Maintenance, however they have replied saying my debt payments(marital debt) is reason I need maintenance and that is not their responsibility. There is £20k diff in earnings with them being the higher.

Is my only option to file Form A and push through court?

Matrimonial debt could perhaps be cleared by settlement if say property is sold?

Spousal Maintenance is based on a: need and b: ability to pay as opposed to child maintenance which is a legal requirement and based on income.

SM is becoming increasingly rare. The first recourse is usually benefits which are reduced £ for £ by SM. If you are not entitled to benefits it may be considered if the argument is strong enough.

A disparity in incomes may be dealt with by way of an unequal division of capital to reduce the living costs of the economically weaker party.

It is worth talking this through with the helpline before rushing into court.

Hadenoughnow

Thank you for that feedback. My stbx has been dragging the whole process on for over two years so we are now unfortunately at the stage I have to file for court to decide. Stbx is represented however I am not due to funds. I thing will get sorted unless a third party intervenes and makes that decision it would seem.