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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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Hi, I have been paying my x-wife a substantial amount of maintenance

Customer Question

Hi, I have been paying my x-wife a substantial amount of maintenance dutifully under the terms of a consent order for the last 5 years (6k per month, 3k for her and 3k for my 2 kids). I am shortly to be made redundant and it's extremely likely I'll be unemployed for some time and even more likely I'll have to take work earning substantially less than I do now. As soon as redundancy is confirmed I'll be applying for a downward variation. Whilst that runs its course (hopefully me x and I will negotiate outside of court) I will continue to pay the agreed amount out of my payment in lieu of notice (3 months). When that period is up I'll pay her what I feel appropriate out of savings for a short time (wil use the additional 3 monts redundancy payment I get over and above payment in lieu of notice to fund this). My question is straightforward. I have managed to build up savings of about 200k over the last 5 years. Will she be successful in pursuing some of this to meet her spousal maintenance needs if I remain unemployed for a lengthy time? I'll deal with the kids through the CSA. Note she is now working as a teacher although she went from full time to 3 days a week last year.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question I shall do my best to assist you.
Your ex will not be able to argue that you should pay ongoing spouse maintenance from your savings.
There is however a small risk that you could be ordered to pay a one of lump sum in order for the spouse maintenance to be permanently dismissed
It is not likely - but it is possible
I hope that this is of assistance - please ask if you need further details