Spousal Maintenance

After 8.5 years of marriage my husband has recently left and whilst initially we tried to sort out financial issues ourselves, I think we have now unfortunatley moved beyond this due to the fact that we can't agree on what he should pay in maintenance.

We have a six week old a 20 month old and a three and a half year old, and I don't work. We live in a rented house he has moved out of and where I am currently staying with the children. He earns £50k pa and at the suggested rate of child maintenance advised by the csa, this would mean £750 in child maintenace. He thinks he doesn't have to pay me any spousal maintenance. I think he does. Who is right him or me?

If he only gives me £750 a month, that means that including any benefits I will get, I will only have £100 more each month to support the four of us on, than he will have for just him. This seems so unfair.

He has a debt of £5500 in his name and we probably have about £4k in equity in cars, also in his name.

Am I entitled to spousal maintenance? If so any idea on what would be considered reasonable. I'm not looking to screw him for every penny, but would like to think that the financial settlement we come to is fair at least.

Any advice very much appreciated.

Polly

Firstly you need to look at your financial needs, basically your outgoings minus any income you receive. If there is a gap there is a need, and that forms the ­base­line figure. Then one looks to the resources of the payer, and if he has the ability to pay that ­base­line figure (of course he has to house himself in a place big enough to have the children stay over, and eat, do laundry etc). If so, it is awarded. However, that is not the end of the calculation. One then looks at the lifestyle the parties enjoyed during the marriage. If the payer can afford to pay more so that the receiver can continue to enjoy a similar level of lifestyle, then that will be so.

This has to be balanced against the division of capital, just because the debt is in your stbx name, this does not make it his debt unless he spent the money on gambling debts or drugs or something. If he spent it on stuff for the family (holidays, furniture, car to run children around in when they are with him or you) then it is joint debt and and you may wish to accept less from him in SM if he takes on the whole debt.

Plus you will not be accruing a pension pot and your years out of the labour market will lessen your income potential when you can return to work. As this is because you are caring for your joint children then this will all have to be taken into consideration when dividing up the whole assets of the marriage.

You haven't told us how much your income and ooutgoings are, or any other assets or debts of the family so it is imposible to give you any idea of "how much" but on the basic information I would be speaking to a solicitor for MPS then spousal maintenance in addition to the CM.

First of all, your husband may earn £50K p.a. gross but, looking at the suggested child support at 25% of net income, that would suggest a net salary in the region of £36K out of which he will lose a further £9k,leaving him with £25K to live on, out of which he has to pay his housing costs and perhaps the marital debt.

You will receive the £9000 plus other benefits which in your case could be quite substantial. As you say, you have four mouths to feed and he has one.

It does very often happen that there seems to be a yawning chasm between the incomes of the spouses but when you take benefits and CM into account the incomes are quite close. There is bound to be a reduction in lifestyle for both of you and the trick is to make sure it is fairly shared.

If I were advising your husband I think I would say that he will be fortunate to avoid an SM order altogether but it might be pitched as what might seem to you a low level. Without the expenditure figures it is hard to say how much. From the husband's point of view I would be more interested in the duration of the maintenance.

LMM