Spousal Maintenance

Hi
Need some advice pls. B
Background : Been divorced 10 years, had spousal maintenance clause in Consent Order until ex is 67 (she's now 60). I told her 2 years ago that I was retiring and wld have to stop paying SM.

My ex has a mortgage free 5 bed detached house worth £850k which she has been living in on her own for 3 years (since last of kids left). She also got half my pension (£400k) which she has taken 25% of as capital sum.

For last 12 months I've been trying to negotiate a capital sum settlement for a Clean Break order. I've been negotiating it myself without solicitor. We agreed a sum last October of £30k in writing.
Ex's solicitor sent me a form to fill in of my personal circumstances. On the form she included her client's details which included details of our three independent living adult children (ages 30, 28, 25). I questioned why she was including that back to solicitor. I then get a reply saying the £30k agreement is withdrawn and she wld be pursuing a claim for 2 years unpaid spousal maintenance without reference to me. I've now just received an interim charging order on my house.

I want to end all this nonsense with a clean break order.

What advice can the experts give me. I'm ringing Ex's solicitor to try and resolve.

I haven't refused to pay SM: I told my ex I was retiring and could nt pay it anymore and I didn't feel she had a NEED anymore when sitting on a £850k mortgage free house which does not need as a single person and kids have fled the nest.

Help appreciated? Thanks.

Presumably your retirement was taken into account at the time and the order reflected what was FAIR as well as just NEED? What has changed in both of your circumstances that you can apply to court for a variation?

How much is the SM and how many years of what is still due does the £30k lump sum cover?

How quickly can you afford to pay the two years arrears if you have to? Will you need time to liquidise assets?

Thanks for reply.
No my early retirement was not specified or taken into account at the time of the Order. It only states it stays in place until she reaches state retirement age (ie: 67) or death, remarrie, cohabitation after 6 months. There is nothing stated in the Order about what is FAIR.

As I stated in my post, what has changed is that I informed my Ex in 2022 that I wld be retiring and wld have to stop payments one year later. So I gave her good notice to make adjustment. What also changed is that she has a mortgage-free 5 bed detached house worth circa £825k/££850k which she now lives in on her own and she doesn't need. She has also claimed 25% of my pension pot she was given (circa £100k taken out). So I believe with the capital she has, she she doesn't need my SM anymore.

The SM is currently £1900 pm. And she has moved from full time employment to part time. The £30k covers 16 months. I believe her solicitor agreed to this knowing that my ex has £850k capital and either after downsizing she wld have significant capital without the need for continued SM.

I know if I pay the 2 years arrears then there can be no Final Charging Order. I don't have the spare capital to pay her all of it now and wld need to ask a friend to loan me the money, or liquidise assets.

Questions I also have:

Given my ex's significant capital position do I have a strong case to apply for a Variation to end the SM?
(but that will be expensive on both sides legal fees).

What does it take to try and reach a deal for a Clean Break agreement to end SM?

Grateful for any advice.

Cheers

It sounds like you are trying to stop paying SM 7 years early (she's 60 but it should last until 67).

If you want to take early retirement presumably she is still owed the £1,900 x 12 months x 7 years = £159,200.

Lets say you have a £1 million house and pension. A Judge could potentially ask you to down size in order release some capital to pay her the £159,200. It ultimately depends on the Judge you get. You can ask different solicitors and different barristers their opinions but no one will be able to give you a definitive answer apart from the specific Judge that is assigned to you.

Self representation can have some benefits because then the other side can't drain your financial resources on legal fees (law-fare).

If you do have more assets than her, I can't imagine a Judge will be happy to hear you are trying to deprive her of her SM. Although maybe some Judges will have sympathy with your situation if she has £850k of assets and you are in a £300k flat and have medical issues.

You may need to apply for a variation to get this resolved. Is your ex-wife the type to back down? A lot of this will depend on her psychology. Is she disagreeable/stubborn?

Just out of interest, did your other 3 kids get married? Or have they avoided it after seeing the mess you are in? Can your kids help to mediate? Or do they want their inheritance wasted on legal fees?