Not working

I have an Order to pay spousal maintenance until I’m 60 (I’m currently 52). I understand that I would have to go back to court in order to change the order. I am currently off work with ill health. Would this constitute a change of circumstances which would enable the order to be changed? Is it true or that any court would look at income rather than assets in making a decision? As way of background we were divorced 10 years ago after 14 years of marriage. We have 2 children who are 21 and 20. I pay spousal maintenance and child maintenance. My ex (50) didn’t work post having children and has worked sporadically since the divorce but is not currently working.

Welcome to Wikivorce

Are you off work on a long term basis? Are you likley to return to work?

If you are off long term, and are not likley to be able to return to work and therefore won't have the same income that may warrant applying for a downward variation of the SM, or discharging it completely. Much would depend on your ex's circumstances as well, and the wording of the order.

Several months on and I am still off work. I have continued to pay my ex as per the wording in the order which doesn’t allow for any non payment due to illness. My options are to go back to court or to try to see if she would agree a one-off payment.

Is it true or that any court would look at income rather than assets in making a decision?

Why are you paying child maintenance to children over 18??

Is there a health reason why she is not working??

Continuing spousal maintenance would be based on her demonstrable needs and your ability to pay from income. If you have assets they could be used for a lump sum settlement to end SM.

Varying SM can be tricky. I would strongly suggest you take legal advice.

Hadenoughnow

Thanks for the reply.
I agreed to pay until they finished further education. I’m not sure how normal this is but I didn’t want my children to lose out in any way.
There is no medical reason that she cannot work. She does not need to though with the spousal maintenance that I pay her. She has worked from time to time but is not working now.
So could a court say that even though I have no income then I should settle with a lump sum payment? When we divorced I bought a flat which I now rent out. Does the rental income count as income? Could a court ask me to sell the property in order to pay her a lump sum?

Rental income will still count as income.
She may well need to look for employment if you are no longer able to pay SM. You will need to provide solid evidence of your position.

Without a full picture of your situation it is hard to comment further but it is possible that you could capitalise maintenance with a lump sum payment and end the arrangement.

Hadenoughnow