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Topic:
A couple of questions (3 Posts)
Started By:
Date:
10 March, 2017 08:08AM
A couple of questions
Jerry - 10 March, 2017 08:08AM
I have a couple of questions, any responses will be appreciated.

If a married couple separate, selling the house and dividing the equity to each buy a new property, with the husband paying child maintenance, but for whatever reason don't get around to divorcing until years later, then at some point in the future the wife makes a successful claim for spousal maintenance, can it be backdated or will the amount only be payable from the date the claim is made?

Secondly, in the same scenario of a couple separating but not getting around to divorcing until years later, if the wife makes a claim on the husband's pension after he's already started drawing it, can any award to the wife be backdated to take into account the money the husband has already received from his pension?



Edited 2 time(s). Last edit at 10/03/2017 12:35PM by Jerry.
Re: A couple of questions
davidterry - 10 March, 2017 03:30PM
>> at some point in the future the wife makes a successful claim for spousal maintenance, can it be backdated or will the amount only be payable from the date the claim is made?

It can be backdated to the date a divorce petition is issued but no earlier.

>> if the wife makes a claim on the husband's pension after he's already started drawing it, can any award to the wife be backdated to take into account the money the husband has already received from his pension?

No. That would be water under the bridge.
Re: A couple of questions
Jerry - 12 March, 2017 05:52PM
Thank you very much David.
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