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Spousal Maintenance - is it taxable in UK?

  • notmrsanymore
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02 Jun 16 #479232 by notmrsanymore
Topic started by notmrsanymore
Hello, I am about to start the divorce process and would like to know whether spousal maintenance is treated as a taxable income to the recipient in the UK? If so, how would this work as I am a PAYE? Would it be better to ask for a higher amount as child maintenance and a lower amount as spousal?

  • fairlyhas
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02 Jun 16 #479239 by fairlyhas
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No tax is payable as tax has already been paid on it.

  • notmrsanymore
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02 Jun 16 #479241 by notmrsanymore
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Ok so my ex would be taxed on his wages and then the spousal maintenance would be paid to me? If it was an ongoing monthly amount I mean not a lump sum

  • LittleMrMike
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03 Jun 16 #479265 by LittleMrMike
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The payer can''t normally get tax relief on maintenance payments, and the recipient is not taxed on it.

Of course, the Court must take this fact into account when deciding how much maintenance to award.

I know. I paid SM for 28 years.

LMM

  • me449
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04 Jun 16 #479297 by me449
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Probably worth bearing in mind that spousal maintenance would potentially affect any benefits (not CM) you get although I''m not sure if this is applicable to the situation you are in.

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04 Jun 16 #479298 by notmrsanymore
Reply from notmrsanymore
I am worried about this - I only get tax credits would that be affected? Also is there any difference whether I get a global maintenance order or separate CM and SM?

  • Bubblegum11
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04 Jun 16 #479299 by Bubblegum11
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Tax credits are not affected by spousal maintenace, but, when you move over to universal credit, it will be. I think child maintenance is ignored for both UC & TC.

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