Spousal Maintenance by Peter Yates, Partner, Poole Townsend
Q: My wife and I are separated. She is seeking maintenance for herself. However, she is cohabiting, so do I have to pay maintenance to her?
A: This is always a thorny issue. Legislation does not provide for automatic termination of maintenance upon cohabitation. The traditional approach was for the Judge to ignore the wife’s relationship and award maintenance. However, a recent case has indicated a change of approach suggesting that the Judge needs to give more weight to the new relationship and has to investigate its financial consequences fully i.e. assessing the cohabite’s financial circumstances, whether he is contributing, if so, how much, and if he is not contributing, an assessment of his capacity to contribute to the wife’s financial position.
Your solicitor should therefore fully investigate your wife’s partner’s financial contribution etc.
Q: I have separated from my husband and need regular financial support from him by way of maintenance. How much am I going to receive?
A: There is no rigid formula. Need is the starting and finishing point in many cases. The Court tries to ensure that each party and their children have enough to supply their needs to a level which is as close as possible to the standard of living which they enjoyed during their marriage. The Court looks at income from all sources and their current and future expenditure needs. If there is substantial income available then the needs of the wife (or indeed the husband) are ‘generously assessed’. I am afraid that there is no alternative but to seek detailed advice from your solicitor regarding what you are entitled to in all the circumstances of your case.
Q: My husband’s pay includes substantial bonuses. Am I entitled to share in any future bonuses?
A: Again there is no certainty. The answer to your question is that sometimes a wife can make a claim against future bonuses, but again it will depend on the full facts of each individual case. Accordingly, I can only recommend you to ask your solicitor to consider this point in detail with you.
Q: I have recently separated from my Husband. I have two children. I am on Income Support. We have agreed a level of child maintenance. Will this be deducted from my Income Support?
A: No. Due to a recent change in the Law, there is now no deduction from your benefit for any child maintenance received by you.
