Spousal maintenance and pension

On divorce I won't have much of a pension and will need to get saving. My ex on the other hand has a final salary pension. I've got to significantly increase my pension contributions, she doesn't have any. But I do earn more a month. Can I deduct the additional pension contributions from any affordability assessments so she and I are on the same income? If you took off the amount I'd need for a salary on retirement she'd actually end up with a greater income than me.

Generally speaking, it would not be normal in a divorce for one party to take the lion's share of the assets and then get spousal maintenance on top. Obviously it depends on all the circumstances though (ages, incomes, other assets, children etc).

Thanks. We are actually sharing what pensions we have (hopefully). But she will never have to save for a pension. And I now do. If I get paid £500 more a month, but now have to put an extra £500 a month in a pension arguably we have the same outgoings. But at the moment I don’t put anything in to a pension so on payslips look £500 better off a month.

If there is only £500 a month difference in your incomes it’s highly unlikely that spousal maintenance will be payable so you are probably overthinking something.

Your previous post suggests that you have lived apart for some time and your ex rents a house. If they can afford to do that without support now it is highly unlikely they will be able to demonstrate a need for SM.

Paying £500 per month into a pension won’t cost you £500 per month because of the beauty of tax relief, employer contributions etc.

Thanks. In reality I’m going to have to pay £1000 a month in a pension. But my lawyer said the courts wouldn’t look favourably on me changing my outgoings.

My lawyer has said she isn’t entitled to SM as she has a very good salary, but to get this done and avoid court I’ve offered her the £500 over 5yrs which evens up our pay (ignoring I now have to pay in to a pension). I thought it was a fair thing to do.

Turns out being fair and reasonable didn’t work. I don’t particularly want to give away any more. And asked my lawyer to note in my letter that the offer was more than reasonable given I have to now save for a pension. But she advised against it…
I suspect xxx is likely to be advised by her solicitor that a Court would not consider this to be reasonable as you are reducing what is available so with the intention of defeating her financial claims against the same.

Feels like I'm not getting great advice. My disposable income is inevitably going to change now I have to save for a pension.

I don't have to give her SM in the first place.