Re:Maintenance pending suit

No Colours, assets are not taken into account on an MPS action. It deals purely with income and expenditures of both parties.

So if you earn £1,000 per month and your outgoings were £1,500 and your ex earned £2,500 per month and had £1,500 in expenses the court would order MPS at £500 per month from ex to you. This is a very simplified example, but it really is that straight forward.

If you earn £0 and ex earns £0 MPS is £0

Assets are relevant to an Ancillary Relief action (financial settlement on divorce) and I believe that interim orders can be made if there is an urgent need for the release of funds, but this is never done with the fmh (forcing a sale), or a person's car, pensions or tools of the trade (if self employed). If they had a savings account or stocks and bonds then an order could be made to provide an interim payment from a withdrawal or sale, but it would have to be very clear that the applicant had some entitlement and it is usually a very small percentage as far as I understand.

Periodical Payments (Spousal Maintenance) is part of the consideration of Ancillary Relief overall.

the example above is near the mark in my case. 950-1000 income and all of it gone, on mortgage mainly. i,m the petitioner. the wifes work is commission ­base­d and seasonal. busy time is now and will be earning more. also, she is due back payments of working tax credit. i cant go into council houseing yet as i cant afford the cost of £65 a week. The mps sounds right for me. should i file this with the div petition?

Hi

Just to help others.
I just had my MPS dismissed. My OH has a net pension in payment income of £1,700 a month. I have an income of £300 a month.
He lied about his outgoings in court and stated that every penny of his net income is spent (huge loans to pay etc).
Cost me £1,000 to bring about MPS hearing.
My solicitor, who did not represent me, but delegated the task to a barrister I met 10 minutes before the MPS hearing (!) writes to me today to inform me that, whilst sorry for the outcome, this was due in no small part a) the judge being anti-wife b) to my appearance (?) c) my reactions in court.
So, because of the way I look (?) and my re actions to complete and utter lies being told (i snorted, just the once, but I wanted to scream if truth be known)and the judge hates women, I lost.
Do I believe in the justice system (first encounter for me and previously a big supporter)? What do you think?

Braindead

Is there any reason you cannot work and increase your income? I was under the impression someone has to earn at least £2,000 per month to be expected to pay any spousal maintenance.

Hi

Not sure I understand your question? He has the larger pension income; I have the £300 a month. We are both 'retired' although he has 3 (un declared in court part time jobs).
I have a disability that prevents me performing other than menial, low paid jobs.
I was seeking MPS as an emergency share of his police pension in advance of a final pension sharing order, in order that I might pay my bills and solicitors costs.
I lost the MPS hearing because of the 'way I looked'?
Put me one and only best frock on! Should have gone in joggers and slippers I assume?

How does it work if stbx income fluctates they in sales and can earn 1670 one month and 3300 the next my income constant at 1800 a month but my outgoings on fmh are much higher than their one bed flat