Feed FAQ What is Food? In England and Wales, alimony is called alimony or spousal service. This is one of the financial divorce orders that a court can issue. It is primarily used to bridge the gap between the reasonable spending needs of one spouse and their income when the other spouse`s income is higher. The primary goal of a divorce is to have a clean fracture order as much as possible. If this is not possible immediately, support is often payable only for the limited period of time necessary for the readjustment of the beneficiary spouse. This is called the term order. In some cases, you cannot predict if or when financial independence will be achieved, in which case maintenance may be indefinite. This is called the Common Order of Life. Support payments can always be modified to reflect changing circumstances.
This helps keep a couple financially connected, which the courts and most couples will try to avoid is why a clean breakup order is the starting point. Hi, My mom and dad have been separated for almost three years, my dad left my mom and went to Texas, I think he has a business there. If my father files for divorce, my mother will have to pay spousal support if he applies for it, even if they have been separated for 3 years. There is no difference. Spousal support is the legal term used in England and Wales, while alimony is a term generally used in the United States to reflect the same. My husband and I have been married for 16 years and have 1 big girl together (13 years old). I`ve been a housewife since she was born and I still am today – we both agreed that it was important to raise our daughter at home, and I quit my full-time job and haven`t worked since. I am 50 years old, he is 47.
He has a good job, over 28, retirement, when and if he decides to retire – he could actually retire now if he chooses this option. Anyway, we both agreed to divorce. It`s just the best, especially for the sake of my daughter. He is a grandfather and he will always be a big part of his life and that will not change. We are the problem. He has serious anger problems and will yell and yell at me madly crazy in front of her, even though I beg him not to. I`m not perfect in any way – but I just can`t and won`t take it anymore. I would like to be an independent person again, but I gave up this life for our family and now I am completely dependent on him – big mistake. My question to you is: am I entitled to alimony and family allowances? Or do I only receive family allowances? Or a monthly payment according to his salary etc.? We live in an apartment, we don`t own anything, he pays the rent/bills and will give me an allowance every week from his check, which he thinks is good for me and my daughter – which I can assure you – is anything but suitable.
I have to beg for money – yes, it`s his money, not ours – I hope I`m painting a clear picture here – control is his life. I`m worried, really worried, so I thought I`d ask you for general advice – he earns 100,000 a year – what do you think a court here at the Ma matraque will decide? Also, I don`t have an income of my own, so he agreed to pay the legal and court fees – IF we do this thing together – I ask you – what choice do I have here?? No, to apply for spousal support, you must have been married. You can apply for child support if you have not been married and have children. You can, of course, arrange all the current payments between you as a separating couple, but if you can`t agree, you won`t be able to claim spousal support in court. There are other claims you can make in certain circumstances, such as section 1 of the Children Act. You should seek legal advice if you pursue this option. As part of the disclosure process, each individual must establish a schedule for their planned future expenditures. This is verified and requires a balancing act to achieve fairness. The term “need” is not defined by law and discretion can be exercised to determine needs. Opinions differ when it comes to determining needs.
So, if you separate, carefully write down your expenses so that you can justify them in the future. It is important that your expenses are considered in the context of your disposable income. Avoid overestimating your income needs and the expenses you claim must be proportionate and realistic. Excessive pudding often leads to criticism of the judge. I am regularly solicited by customers and individuals to whom I offer initial advice on the operation of the complex subject of maintenance. Not a day goes by without a high-profile case (often one involving celebrities or multimillionaires!) not making the page of our daily newspapers. The truth is that, as with all financial matters arising from divorce, spousal support is complex and the “rules” vary greatly from case to case. The spouse`s property does not automatically end with the cohabitation of the beneficiary, although some court orders provide for this. Living together is much more precarious than marriage and cohabiting couples do not have the same financial claims against each other in the event of a breakdown in the relationship.
Thank you for your comment. There is no obligation to inform the court of your remarriage. However, you are expected to notify your former husband and I suggest you contact him as soon as possible. If you don`t know where it is, I suggest you contact your bank to “refuse” payments to your account. All the money you have received since your remarriage must be returned to your former husband. I hope this helps. Thank you for your comment. Child support and spousal care are two different things. As parents, both you and your wife are required to support your children until the age of 18 and (in most cases) complete full-time college. When the parents are separated, the non-resident parent is obliged to make a financial contribution to the parent with whom the children live. If the parents cannot agree on the amount, the case can be referred to the Child Maintenance Service (CMS) to calculate the maintenance obligation of non-resident parents on the basis of a legal formula.
Several factors reduce the amount to be paid, including the number of nights the children spend with the non-resident parent. In the event that you and your wife have the same joint care of the children after your physical separation, this will effectively reduce your child`s maintenance obligation to a nominal amount. With respect to the spouse`s property, this is a different issue and the courts will decide if no agreement is reached. The spouse`s service may be appropriate if it is necessary to meet the needs of the receiving party and if it is affordable for the paying party. In cases where your wife currently earns more income than you and has a higher earning capacity (for which age is a relevant factor), spousal support may not be adequate. Before you and your wife make substantive decisions on financial matters, it is advisable to seek independent legal advice from a family law lawyer (you can find one in your area on the resolution website). I strongly suggest that you consider mediation as an option. I hope this helps. The father of the 2 older children is a completely unpleasant man and has never made a financial or emotional contribution to the 2 older children. I accepted them as mine and loved them and took care of them without any questions or thoughts. Elaine and Mark have been married for 17 years and have two children together, Phoebe 14 and Jacob 12.
Mark runs his own printing house and Elaine is a housewife. Before the children arrived, Elaine was the director of a large pharmaceutical company. They have already agreed that Elaine will stay in the old wedding home and that she will be sold in 10 years. However, in order to reach her reasonable budget, Elaine has a deficit of £1500 each month. That`s after Mark paid child support. I have been separated from my wife for over 10 years. I paid half of the mortgage and an agreed maintenance amount for my son during this period. I helped with the house and paid extra money when she needed it. I had my son most weekends and never asked for a refund when he was with me. We agreed that she and my son would live in the house and that if he was 18, we would divide her 50/50. This date is the 16th. August and my wife have announced that she now wants more than 50/50, my alimony and alimony for herself.
She has never worked part-time since we separated, as she was receiving more benefits than if she was working full-time. Of course, it will end in August and she now realizes that she will run out of money. She is able to work full time and our son can live with me if she can`t afford it. If there is a clean break, there will be no spousal support.