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Is spousal maintenance legally enforced?

  • 23-01-2018 09:35AM
    #1
    never_mind
    Registered Users, Registered Users 2 Posts: 915 ✭✭✭


    Hi there

    my friend will be going to a solicitor about this issue but thought I'd see what the boards.ie hive mind thinks.

    Woman in her 60s gets legal separation from her husband who is the same age. Husband agreed to paying X euro until he stops working (which is stated in the agreement). However, the husband has decided that he is nearing retirement and wants to sit back and has now substantially cut the wife's monthly maintenance. There are other assets involved and it would appear the husband, until now, has been very fair with how things have been divided. He is stating that he is having financial difficulties but has a second home and 200k in savings in the bank.

    I was wondering if changing the terms in this way is legal. Although he says that the agreements states that when he stops working he could easily work for another 4-5 years but is 'disabled' (not entirely true).

    Anyone have any guidance on how to move forward?


Comments

  • #2
    ganmo
    Registered Users, Registered Users 2 Posts: 7,748 ✭✭✭ganmo


    'Until he stops working'

    Seems easy to me...he needs to stop working for 6 months(or so) fulfilling the until he stops working clause so he can stop paying in line with the contract...then he can start working again.

    If the contract states while working that'd be different


  • #3
    never_mind
    Registered Users, Registered Users 2 Posts: 915 ✭✭✭never_mind


    That's grand but where does that leave the ex-wife? Social welfare and eating into payments? She has zero career prospects and an injury which has disabled her somewhat.


  • #4
    barman linen
    Registered Users, Registered Users 2 Posts: 262 ✭✭barman linen


    never_mind wrote: »
    That's grand but where does that leave the ex-wife? Social welfare and eating into payments? She has zero career prospects and an injury which has disabled her somewhat.

    She would have to take him to the District Court for Spousal maintenance. Each side would have to report their income and expenses and the Judge will make an arbitrary decision.

    The outcome will depend on the Judge on the day and the mood he or she is in.


  • #5
    never_mind
    Registered Users, Registered Users 2 Posts: 915 ✭✭✭never_mind


    barman linen wrote: »
    She would have to take him to the District Court for Spousal maintenance. Each side would have to report their income and expenses and the Judge will make an arbitrary decision.

    The outcome will depend on the Judge on the day and the mood he or she is in.

    I think the husband is earning more than is letting on and has some questionable accounts in accounts outside of ireland.


  • #6
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    MOD
    Your friend will get advice from her solicitor.
    Therefore closing this thread


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