I am having an issue in negotiations about capitalising spousal maintenance. My ex is requesting a lump sum payment of £75000, to cover monthly maintenance of £650/ month up to retirement age. My main problem is I cannot afford this. The key issue is that she doesn't work but has done in the past, they are on UC of circa £800/ month with PIP of £350/ month, living in supported housing due to substance use issues, although it might be worth noting she was recently threatened with eviction due a significant relapse. My thoughts, and they might be incorrect are these;
1. If I cannot afford capitalised maintenance, then any order should be for periodic maintenance, if I pay 12 years of maintenance in advance I would potentially be out of pocket because she could find a job, new partner and will inherit a large sum on the death of her parents (both in their late 80's and in poor health).
2. If I pay periodic maintenance of £650/ month this will just be deducted from UC payments so there is no advantage, even payment of a lump sum would mean UC is no longer available, the alternative would be for me to pay the equivalent of UN (800) and maintenance (650), a sum that would account for about 80% of my net income after bills.
3. I have agreed to purchase her equity in the family home where I reside with my two children (age 18 in full-time education and 20), paying an additional 75k would mean I would not be able to fund the mortgage. The purchase of equity provides enough for her to purchase a new home outright and pay of any debts.
4. We have agreed a pension sharing order, after advice from an expert that would provide a significant pension, from today of circa 28k per year, but she believes she doesn't have to rely on pension income until of pension age.
I thought maintenance was less about parity of income and more about meeting needs, so after divorce she has the potential to realise an income of circa 2.5k/ month with no mortgage or rent to pay and this is sufficient to meet the needs of a single person.