pension credits and other benefits

I am due to have my dnisi pronounced early next month and had anticipated looking to get a Clean Break Consent Order from my ex of 8.5 years who did not work at all during that period. He officialy retired during the latter half of the marriage and was in receipt of state pension. He may now be claiming Pension/pension credits along with other benefits as we seperated
last year.

I am still in full time employment but has taken a lot of sick leave since this time last year with health related issues. I am currently so depressed that today my GP has signed me off work with antidepressants.

There are no joint assets, no children, no money, no property and I do not contribute to a pension fund. I am insolvent, have not yet been discharged and live in a rented flat.

Can any of the experts/forum members give me any advice in regards to spousal maintenance, as I feel my ex would refused to sign the clean break consent order.

THANKS.

Spousal maintenance depends on two things : firstly your needs, and secondly his ability to meet or contribute to those needs.

The difficulty, as I see it, is that social security benefits are intended to meet the basic income needs of the payer. In other words, they represent the minimum your husband needs to live on.

Therefore any maintenance would leave him with less than what the law deems to be his needs.

Another problem is that we do not know what the proposed order says. A clean break means you have no further claims against him - is that really what you want ? Of course it worksthe other way too.

I would suggest that you might seek a full benefit check from a CAB.

LMM

Hi LMM,
Thanks for your reply.

I am not seeking maintenance from my husband but think he would be seeking maintenance from me.

For 8.5 years he made no contribution to the household and even when he started receiving pension and winter fuel payments,he did not make any contribution.

For the last one and a half years, he was looking after himself like going to the laundrette even though there was a washing machine and dryer in the home etc. Buying food, hiding it away in the bedroom and eating it himself.

Seeing that he was maintaining himself for the last 1.5 years, would it be fair that I may now have to pay him maintenance?
I am insolvent and have not yet been discharged, when I am discharged I will be unable to get credit for a considerable period of time, so if I have to maintian him,what money would I have for my self?

Nevertheless, if I opt out of the Clean Break Consent Order would I still be able to apply for my Decree Absolute?

Thanks once again for your response.

I very much doubt whether you would have to pay spousal maintenance to your husband. If you are bankrupt and paying off your debts then it follows that, in the nature of the case, they will let you retain enough income to meet your needs - and not very much more than this.

Even after discharge, it is unlikely that your income would be sufficient to make SM a realistic possibility.

LMM