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Hi
I have been divorced since Jan this year, but we seperated in 2013 after 5 years of marriage.
When we separated I agreed to her getting at 75% share from the sale of the house, just to get it sorted as she was saying that was the only way she could afford a house on her own. I work full time, my ex works in a decent job 4 days a week. She takes the children away on holiday a couple of times a year, has a 3 bedroom house, nice car etc - she has lived on her own for over 2 years now like this.
I have always paid maintenance, as per the CSA guidelines, but done privately.
I do not really have any savings, a small pension and some debt on credit cards/ loan.
My ex is now trying to say she is entitled to spousal maintenance, which I cannot afford. My solicitor has advised me she shouldnt get this and I could actually claim some of the money back from her for the 75% share she took (even if it was when the children were 18).
I just wanted it sorted so that it is not constantly hanging over me, incase I ever came into some money and she tried to claim it. Is it worth me taking this to court to get an order or should I just leave it?
It's a balancing act to some extent, in that you could end up spending a fair bit on legal fees, offsetting gains made in the settlement. However, I do tend to agree with the advice you have been given by your solicitor, she works 4 days so she shouldn't need spousal maintenance and you have been over generous with the house possibly, so I would be inclined to follow his advice.
Hi There,
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As said she wouldn't be able to claim spousal maintenance, as she is earning more and has the larger share of the house, as actd has said if you want to go after the additional percentage from the house this is possibly going to cost you in fees so unless that percentage would way out weigh what you could pay then it may not be worth it.
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If you haven't gotten divorced yet then I would get that sorted and make it final once that is done then she wouldn't be able to make any claim against any money that you may come into in the future, that would also mean that you couldn't go after anything that she may have too.
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You really have to think hard about whether trying to increase the percentage that you get from the house is worth the stress and legal fess ect.
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GTTS
Hi,
when you say 'earning more' - do you just mean that she is earning enough to support herself? She wont be earning more than me I doubt as she works 4 days a week and I work 5. But she gets maintenance, child benefit on top of salary as well.
I wasnot really looking to go to court to claim back some of the percentage house share she took, I would be happy with a clean break order. But if she refuses to accept a clean break order because she thinks she is entitled to spousal maintenance (in any case she doesnt like finding resolutions to things), then wont I have to take it to court just to get the clean break order ?
If I have to go to court to just get a clean break order, then no doubt she would be asking to get spousal maintenance, so I am minded that if I am paying to go to court anyway then why not ask the court if they think I should get a percentage back from the house, when the children are 18. The amount she has cost me with court fees in the family court, through her totally unreasonable behaviour I think would be fair.
The other route is just to leave it open with no financial order, but the problem with that is she then uses finances as a bullying and control tactic for the next 12 years and I would rather have it sorted rather than constantly live under the threat of her taking me to court to try and get spousal maintenance.
I would get the financial order now - if you don't, you are gambling on the unknown. As said, she is working and shouldn't get spousal maintenance, but if you don't get a order, if something happens in the future that means she can't work, then she could go against you for spousal maintenance at that time. It's far better to get it fixed now.
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