Spousal maintenance

If you are unable to meet your reasonable outgoings, have you been advised to consider maintenance pending suit? This could apply if a: you have no savings and b: your ex has a surplus of income over outgoings. Be aware though that they would have to be in a position to pay more than you receive in means tested benefits. Spousal maintenance counts as unearned income and UC is reduced on a £ for £ basis.


Hadenoughnow

Him paying off the bills directly might not affect universal credit but a court doesn't have the power to order him to pay bills directly so he would have to agree. If he is saying no to spousal maintenance, then there is no incentive to him to do this. I don't agree with your solicitor that courts don't award spousal maintenance in high conflict cases but I can see why it is a bad idea; it is likely to lead to years more litigation. It is better to get more of the capital and draw a line in such cases.

I note from your other posts that this is a high conflict divorce and I can understand why. But for your health, this would be a 50/50 Clean Break case and he probably resents being used as your insurance for an indeterminate amount of time.

I think the outcome of your case will heavily depend on when your health failed you. If it was long before the breakdown of the marriage that is one thing; if it was shortly before or after the marriage broke down it may be considered with more scepticism by a court.

Unfortunately your argument that you need a monthly amount rather than a lump sum won't get you anywhere in court:

1) They are under a duty to order a clean break if this is possible, including a lump sum where this terminates a spousal maintenance claim;

2) Ordinarily, a lump sum is less likely to affect universal credit than a monthly amount because if it is invested in property or a pension it is no longer counted as available capital affecting universal credit;

3) The monthly amount would normally reduce universal credit pound for pound and the court can only order spousal maintenance, they cannot order him to pay you bills (and as a matter of public policy they wouldn't even if they could because it would be seen as gaming the universal credit system);

4) Your health issues are not causally related to the marriage so whilst health is a reason for spousal maintenance when there are no children some judges will be very reluctant to be too generous because it is onerous to the payer.

It sounds like spousal maintenance isn't going to be very useful to you. He would need to pay you 40% of his net income to meet your needs and in a case without (and, frankly, even with) children I just don't see that happening.