Spousal Maintainance

Hi,

Being new to this game (of separation!) I have no clue as to the level of SM I require to pay my soon to be ex wife? I am in the forces and returning to the UK in a few months, she has decided to stay in Italy with my daughter.

She has no job and doesn't intend to work. I earn roughly 2300 a month with x 2 mortgages, outgoing of appx 1200 (income around 900 from rent).

What is the average sort of payment? Does my wife have to seek employment with my daughter being only 3 yrs?

Thanks

Hi, with your wife remaining in Italy it is a bit difficult to comment.

Do they have a benefit system over there? What sort of financial assistance is she likely to receive?

You will obviously be liable for CM, but you could get this reduced owing to the fact that you will incur costs to visit your daughter, although that may not be a relative amount deducted.

Not sure how the law stands on SM being made in another country so you would need to seek advice. Another member, divorcelawyer, specialises in international family law so may be worth sending her a private message asking for further clarity or a link to where you could get further information.

Is hard to suggest what sort of figure you may be looking at without further financial information.

As for your wife going back to work; the benefits system in the UK would not force a lone parent to return to work until their youngest child is 16 yo.

Regards, Sarah

If your wife is in Italy and you divorce in E&W spouse maintenance is dealt with under the Matrimonial Causes Act 1973. There isn't a formulaic approach to calculating SM, each case is treated separately.

The starting point is all the s25 MCA 1973 criterion, in particular establishing an amount that allows the applicant to live at an appropriate standard in light of the other s25 factors. From that figure her income can be deducted to produce her income needs. Then it's a question of calculating your ability to meet those needs and consider proportionality so there is balance.

s25 MCA 1973

(1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 [F2, 24A or 24B] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.

(2) As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 [F3, 24A or 24B]above in relation to a party to the marriage, the court shall in particular have regard to the following matters—

(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)the standard of living enjoyed by the family before the breakdown of the marriage;

(d)the age of each party to the marriage and the duration of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.