My mother and my stepmother are engaged in legal correspondence regarding alimony (UK maintenance) formerly paid to my mother, until last March, when my father, her ex-husband, died.
This is a situation in which I am naturally concerned there may be no winners (besides the lawyers), not least because my mother sadly has very little left to live for and is rather an embittered individual, and also because, on the other side, my stepmother has the financial backing of my stepsister’s husband, who is rich and has many contacts in the legal as in other worlds.
After a decree absolute was granted in 1979 - until his death in 2008 - my father paid maintenance under English law. After he retired in 1987, it is my understanding that the maintenance continued to be paid, based on a percentage of his pension.
Since his death, the payments have stopped, my stepmother believing that her duties to my mother have been paid in full. And yet legally this appears as if it may not be the case, although the situation is complex enough that lawyers have been exchanging letters for some months without any sign of resolution.
Since I am involved in this situation - with both mother a nd stepmother telling me their side of things - I would be grateful of any ballpark comments or observations that legal professionals might be able to give based on what I have said, and on their experience and understanding of relevant law.
Esentially, the question is can my mother expect to continue to receive monthly payments even after my father has died? Obviously, he left no provision for her in his Will.
Here is some US law on the subject. I know US and UK law are different in many areas but the US and UK divorce law basics seem to be remarkably similar, which I suppose is not too surprising given the origins of US law.
Not a legal professional, but my advice is do NOT think of yourself as “involved in this situation”. If you are on good relations with both of them, and want to stay that way, just refuse to let them get you into the middle of this. When they try, just say it’s a legal matter, and we need to let the legal people settle it.
I am a Student Barrister in England and Wales, and let me tell you. Speak to a solicitor. Let them handle it. This is the second time you mentioned it (I think) and my advise is the same as the last time, this is not a matter that will be resolved over an internet board. You need to visit a solicitor, this is a specialist matter.
If you need peace of mind; here is a toll free number in the UK you can call, they can answer basic questions on your case 0870 626 0419.
They will be able to answer basic questions and perhaps put you on the right track, get you to a proper firm of solcitors.
From what you have said, this is a fairly complex case, and needs specialists.