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Spousal Maintenance
Spouse maintenance (called "alimony" in the U.S) can be awarded if one party
(commonly the wife but not always) cannot adequately support themselves without
payments from the other. It can be awarded for a set term or for life. The amount
depends on what is seen as reasonable measured against a lifestyle that the recipient
could expect; and against the payer's income. It can vary from time to time.
It comes to an end if the receiving party re-marries. Often a claim for maintenance
is settled off in exchange for a lump sum settlement. |
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Spousal Maintenance - Scenario Analysis Example
When Mr J saw us he had been separated for 3 years. He and his wife sold their home, divided the proceeds and continued working as before. He was a consultant and Mrs J was a Business Manager. Their 12 year old daughter lived with her and he paid child support. Mrs J had now lost her job and he had a lawyer's letter requesting payments of maintenance for his wife.
Our solution:
We advised that he should resist the claim. Although it was possible in principle we considered that his wife had demonstrated that she could find employment. It highlighted that it was a pity they had not settled matters with a consent court order when they sold the house. Eventually Mr J paid a relatively small sum to dispose of the claim and consent orders were made finalising claims once and for all.
Read more scenarios from other Areas of Law... |
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If you would like to discuss how we could help you with your specific situation please don't hesitate to get in touch.
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