Remarriage and maintenance

[Marius C]

If, say, I were paying spousal maintenance, then I married a girl who is earning a substantial amount of money, could my ex somehow then get hold of a proportion of my new wife's salary?

[Eve]

May be an idea to check the court order eg...

i) Are payments for a set period or for life.

ii) Does it terminate upon a certain event such as the remarriage of your ex. It will not end when your ex cohabits.

Check these to ensure the payments are still required.

A later court order can also vary the amount to be paid (eg in change of circumstances) which your ex could apply for.

The court has no set guidelines and usually follows the needs and resources approach.

Capital and income are looked at together as well as any debts or obligations. Pensions and other assets are also considered.

This may also help...

http://www.divorce.co.uk/legal/englandwales/le galcloserlook/finance/commonissues/newpartners .htm

[ummmm]

Why are you paying your wife maintenance? If it's for kids then I think they do take into consideration your new wifes income. But if you are paying maintenance for your ex wife I think you're mad. Didn't she get a settlement from the divorce?

[lady_p_gold]

Lots of people have to pay maintenance for the balance of their ex (usually wife's) partner's life even when the children are long gone. It is what the Court orders, it is not Marius's fault if that is the case !

[PinkFizz]

Not sure,but the CSA rules state that the current partner or wife/husbands salary is also used in the maintenance calculation.

[Marius C]

I've had a look through the CSA rules, and I can't see where they state that the current partner or wife/husbands salary is also used in the maintenance calculation? Do you have source/link for this, please, PinkFizz?

I haven't actually sorted out finances with the ex-wife yet. I'm asking so that I can get the settlement right when it happens. I can't see my wife accepting a lump sum in settlement, though I would like to restrict it in time (she doesn't currently work but is more than capable of doing so).

[lady_p_gold]

Well she will obviously be entitled to a split of the joint marital assets, and if you have a pension she will be able to take a percentage of that in her own right. It all depends on how much there is in the 'pot' and what each person's needs and outgoings are, and future earning capacity.

[Pippa68]

Under the old CSA rules new partners income is indeed included in maintenance calculations. Mr P is on the old rules and my salary AND maintenance received is included. Under the new rules it isn't.

[Marius C]

Thank you Mrs P :-)