Spousal Maintenance

You say it would be rare that an order is more than 50% of the payer's net income. Given watchel, is it common to be above 40%, close to 50% or say close to 50% of net income plus child benefits? Again would this vary whether the receiver works or not? finally is there a sort of cut off age where it would not be expected that the receiver start earning?

Some more interesting points.

It wasn't me who said that it is rare for maintenance to exceed 50% of the payer's net income, but as a general statement I agree with it. The cases which I have come across where the payer was required to pay more than this usally had the following two ingredients ; a new partner for the payer ; and 3 or more children, hence a high level of CM, and higher needs for the wife.

Anything that increases the income of the recipient, like child benefits or tax credits, must be relevant to the issue of how much SM has to be paid, or at least I would have thought so, though girlblue quotes a case where it seems a judge seems to have disregarded it.

Equally, if the receiver works, that will increase her resources and thus reduce the need for SM. I admit that I have often opined that if a supported spouse goes out to work, and brings home, say , £100 a week, then the payer's maintenance liability should be reduced, to be sure, but not by £100 a week ! Otherwise there is no incentive at all for the wife to work if all she is doing is benefiting the ex husband.

There is no fixed percentage in SM because it all depends on needs. Sometimes the supported spouse earns, but less than the payer and SM is just a top up. Sometimes there is a limit to what the payer can afford and 40% would leave him with insufficient to live on. I think Wachtel is now ancient history, although the ' third rule ' suggested in the case had something to commend it ; it was adopting a rule made by the ecclesiastical courts, who made a ' discount ' on 50% to reflect the fact that the man no longer enjoyed h is wife;s companionship and practical help ; when I was first divorced I was very conscious of having to come home with no dinner awaiting me. In fact I had to learn cookery very quickly, with the aid of a book called " Man about the kitchen " which wasn't much of a cookbook, but it was so funny that it lifted my spirits at a time when I needed it.

No, there's no cut off age when a woman will not be expected to work. It all depends on the circumstances, I'm afraid.

LMM