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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Does my partner have to start earning money if we split up?

Resolved Question:

Does my partner have to start earning money if we split up? He hasn't worked since 2000. Our children are aged 11, 16 and our 19 year old is at University. Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income do you each have and are there any children involved?
Clare
Customer: replied 3 years ago.

He has no income as he hasn't worked since 2000. I earn around £45000 a year. I want to move out into rented accommodation as our relationship has broken down but I won't be able to afford both houses bills. The 16 year old wants to live with me and 11 year old wants an equal share.

Expert:  Clare replied 3 years ago.
Hi
Why has he not worked?
Clare
Customer: replied 3 years ago.

Very good question. When the first 2 kids were small we were paying a large amount for Nannies and we realised we could afford to live off my salary so he gave up work and looked after the kids. He was very unhappy at work and has mental issues. In September my son starts Secondary school so I have told him he needs to start looking for work but he disagees.

Expert:  Clare replied 3 years ago.
Hi
What work skills does he have?
Clare
Customer: replied 3 years ago.

Very little now as he was a recruitment consultant but gave that up 14 years ago. He would need to be re-trained as everything is computerized now. He has very poor computer skills. He is very good at talking on the phone


Thank you

Expert:  Clare replied 3 years ago.
Hi
If you separate then it will be up to your ex if he wishes to work or not - but if he does not then his income will be limited.
There is a liability on you to pay spouse maintenance - certainly whilst he retrains - but you will not be expected to simply fund his lifestyle - he will be expected to put himself in a position to earn his own income
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Sorry to keep on asking but I need to plan my budget. Will I have to pay the matrimonial house bills and his maintenance at the same time as running a rented house even though he has inherited a lump sum? What sort of figure is spouse maintenance typically? Thank you

Expert:  Clare replied 3 years ago.
Hi
No you do NOT have to pay the bills plus maintenance.
You will have to pay maintenance from which he pays the bills.
It is impossible to estimate how much maintenance you will have to pay as it depends on a number of factors including his earning capacity.
In the short term you simply continuing to pay the mortgage could be sufficient
Clare
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