My husband of 41 years has left me to live with someone else. I am 78 years if age. He is seeking legal advice as to whether he has to pay me an allowance. I still live in the marital home which is in joint names. My question is what is the legal position as regards XXXXX XXXXX 'allowance' to me'.
I do not receive a state pension only a small commuted pension from my previous employer when I retired. He has voluntarily made me an allowance of £50.00 per week since he left in July last year but he has now decided to seek advice on this before continuing. My name is XXXXX XXXXX utility bills and I pay them all.
My income net is £3236 per annum
My husband has retired in fire service pension of £17,000
Part time employment of £8,500.00
House £150,000.00 no mortgage
I have a savings bond which provides part of my income and stands currently at around £22,000.00, 2 x ISA's and £5,000 premium bonds
My husband has several thousand of Premium at least £10,000.00
and money in Bank accounts but unsure of values
To my knowledge my husband does not have any debts
I do not have any debts.
My husband will also receive full state pension from 9th October when he reaches 65. I believe I may also be entitled to a proportionate pension based on his NI contributions at the same time but I will have to claim this as it is not an automatic procedure. He is also co-habiting with someone who also has income.
Hello againThere are 2 aspects to this question - a) without going through divorce and b) aftre filing a divorce petition at court. A) without going through divorce - your husband does have a legal duty to maintain you as his spouse. The amount would depend on exactly what your financial needs were, compared to his ability to pay. If between you, you can't agree how much this should be - or negotiate via solicitors' correspondence or via mediation, it is possible to apply to court to ask the family court to set how much maintenance you should receive.Once you have a court order, (i) that is something that can be enforced if he does not pay, and (ii) if his income changes then you can go back to court to ask for the amount to be changed accordingly. But going to court is expensive, time-consuming and stressful, so to vbe avoided if at all possible. Anyway, the family court now requires parties to have attempted mediation before it will consider an application. Here's where to find a local family mediation service: http://www.familymediationcouncil.org.uk/find-local-mediator/However, the court and therefore any negotiation would also expect you to do what you could to maximise your income. If you go to the Citizen's Advice Bureau local to you, they will be able to check whether you are entitled to any additional benefits eg pension credit & /or council tax benefit & if you have any heath problems other benefits such as mobility allowance, or whether your savings take you above the limit.http://www.citizensadvice.org.uk/Some face-to-face legal advice would also be a good idea. Here's where to find a specialist family law solicitor:http://www.resolution.org.uk/findamember/b) after filing a divorce petition. Once a divorce petition has been filed at court, (and you would have clear grounds based either on his behaviour generally, or on his adultery, either side can ask the court to decide how the matrimonial assets should be divided and how much if any spousal maintenance be paid, if the parties cannot agree between themselves. Any negotiation to reach a settlement must be on the same basis that a court would decide the issue, to avoid any agreement being overturned later. That means full financial disclosure from both parties.The court starts from the position that the matrimonial assets be divided 50:50 - unless there are good reasons why not. In your case, your income is significantly lower than your husbands, so that might mean a 70:30 share in your favour, altho' it might be less than that. Using the assets we know about (ignoring the income-producing assets) , we have the house plus his premium bonds plus your premium bonds totalling £165,000. His 30% share = £49,500 - but he already has £10,000, so the court might agree that his share from the house is £39,500. The question is could you raise this sum to buy him out? Are there any family members to assist you?
If either you & your husband agreed the amount, or the court set the amount, then that lump sum to be paid to your husband would be in return for the house being transferred into your sole name, which would give you security for the future.
Or - if the house was sold, would you be able to rehouse yourself for around £110,500?
In deciding how the assets should be split, the court will want to find a soluction that allows both parties to be housed - so if your husband is living with his new partner, you might be able to argue that his housing needs are met, therefore he does not need more than a 30% share. (But almost certainly he will get at least 30%).In addition to deciding how the assets are to be divided, the court can also rule on whether and how much spousal maintenance you should receive, again based on your needs vs his ability to pay. See above for mediation contact details & how to find a specialist family law solicitor.
I hope this helps and I wish you the best of luck.
Thanks and best wishes...