Spousal Maintenance

ifonlythelonely

Hi,

I have a question re the above - does spousal maintenance only come into play once you're divorced? I'm currently seperated from my wife & living back at my parents. She is saying I need to pay her spousal maintenance now...we've only been seperated a month though - divorce hasn't even been mentioned let alone setting the ball in motion.

So am I currently required to pay her any money at present? I don't think I am.

Thank you...any advice would be so helpful

ifonlythelonely

noman said:

This should help you.

https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/clean-break-or-spousal-maintenance-after-divorce-or-dissolution#:~:text=out' on you.-,What is spousal maintenance?,support themselves financially without it.

Thank you for your quick reply. I've read through it & from what I'm reading it backs up my thoughts - spousal maintenance does not come into play until after an official divorce. Lawfully we are living no differently at present apart from I am not at our flat. 

I assume you're reading it the same as me & I'm not going mad!?

ifonlythelonely

Also one thing I'm a little unclear on - my wife currently isn't working. Say we get a divorce, we agree on an amount I will be paying her but then she gets a job. Can my payment be reduced to her now she has more money coming in?

poppy123456

It will stop due to any of the following reasons..

When does spousal maintenance stop?

It usually stops if:

• the payment term ends
• you or your ex-partner die, or
• the person receiving spousal maintenance remarries or enters another civil partnership.

It doesn’t necessarily stop if they live with a new partner without marrying or entering a civil partnership. Although the person paying it could use this as a reason to apply to the courts to get the amount reduced

Also to add, you said she doesn't currently work. If she's claiming any means tested benefits then spousal maintenance will reduce means tested benefits such as Income Related ESA/JSA, Income Support, Universal Credit and housing benefit.

If you have dependant children and pay child maintenance then this doesn't affect means tested benefits and is ignored.

ifonlythelonely

Thanks for your reply. Yes we currently receive UC for our household. I work on a zero hours contract but my wife doesn't work at all. 

So if we did go down the divorce route you're saying her UC payments would go down? 

I obviously wouldn't be part of the equation UC wise at that point as I would be at a different address.

poppy123456

If you are not currently living with her then you both should have reported a change of circumstances for UC and report the changes that you’re no longer living together. 

Your UC claim will then revert to single claims. As you’re living back with your parents then you won’t be entitled to help with any rent. 

Yes if she receives spousal maintenance then this will reduce her UC £1 for £1 because it’s treated as unearned income.