Re:Spousal maintenance after 4 years (not married)

Here's another one of the many questions regarded to the length of spousal maintenance. We are not married, but I'd like to know what a court could possibly say if we had been married.

Lived together with my ex for 4 years, have a child of that age. Split up 4 months ago. Not married. My legal obligations would be be pay around 15% of my income for my child, but that's about it (correct me if I'm wrong).

But nevertheless I'd like to support my ex during some time. For that, I'd be curious to know what the maintenance would be if we had been married. Let's call it 4 years of marriage. She has had a very well paid job before, and was offered a well paid job last summer (but screwed up with that offer). I'd take that as an indicator that she's fit for the job market.

Her expectations are that I support her with around 60% of my income for a time of no less than two years, for her to be able to find a job that is well paid and has a reasonably long contract time. To me, those expectations seem a bit outlandish.

Any ideas/suggestions what a court would consider appropriate if we had been married?

I don't know why I should answer a ' what if ' question, but I will be brief.

1. The fact that you have a child is very important. In the case of C v C the Court made an indefinite order for a marriage lasting about a year because they had a child,
2. The level of maintenance would not be 60%. Anything more than 50% is very rare and the marriage is a short one.
3. Only two years ? My friend, my SM ended this very month for all the wrong reasons, ie the death of my ex. I had been paying since about 1983.

LMM

With marriage the starting point is to decide the sharing of capital. If you aren't married this is usually determined by the deeds of any jointly owned property, so the property is shared 50:50 unless it is stated otherwise. However, if a cohabitant has the means a claim can be made under family law against them to provide housing for a child until the child reaches maturity.

Spouse maintenance depends upon the shortfall between the income and living expenses of the recipient, and the difference between the payer's disposable income once their living expenses are deducted from their income. There is also an element of sharing.

When the sharing in capital is in favour of one spouse their mortgage payments are less reducing their living expenses and "need" of spouse maintenance. In this case the other spouse will have less capital and a larger mortgage increasing their living expenses and decreasing their disposable cash, and their ability to pay spouse maintenance.

As Mike said SM of more than 50% of income is exceedingly rare, but very occasionally SM plus child maintenance can amount to 60% or more.

Spouse maintenance is only paid when there is a big discrepancy in incomes. Usually once state benefits are taken into account someone on average or below average income is unlikely to pay any spouse maintenance.