How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Hi,My husband and I are separating after being together for

Resolved Question:

Hi,
My husband and I are separating after being together for about 20 years ( married for 19 years this June). We have 2 children,16 and 12 years old. I had a good career and stopped working since I had the kids and have dedicated myself to looking after them and the family. My husband has a good career, consultant, and earns 120 k +. We haven't got any debt and has family house around 400k. I am currently staying there with kids and he is staying at with his mum at another house that is jointly owned by the 2 of us, worth 200k. Also there are other assets overseas ,value at around 140 k. I don't have any income and am 50 years old. Is there a case for spouse maintenance and for how long? The kids will be expected to go to university after their secondary education. Am I entitled to stay in the family home and until when, is it until the kids finish uni or secondary school? Will child maintenance be when they finish uni or secondary school? Will he have to contribute to kids university fees? He said he would not want to contribute to the cost as they can get a loan!Will I be expected to get back to work(medicine) when the kids leave home? I don't think I will be able to go back to my speciality after such a long break . Even after retraining I think at my age (56 by the time the kids leave home)it will difficult to get employment in my field of work. He was happy for me to stay at home and look after kids, home ,kids education etc and didn't want me to work as he didn't want to do any extra work at home or child care. He could just concentrate on his career and have his hobbies. Now that we are separating ,he has been having an affair with another married woman with 2 kids, he of course is saying why can't I go and get a job, so that he won't have to pay spouse maintenance. If I do get spouse maintenance how much can I expect from him?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Realistically what could you earn?
Clare
Customer: replied 2 years ago.
I don't think I will be able to get back to medicine. I will probably be earning minimum wage doing odd jobs. During the marriage , there was no plan for me to go back to work. We were looking forward to when kids would go to uni , and we could start enjoying life again as my life has been on hold since I have had the kids. I have dedicated myself to them and looking after husband and the home.
Expert:  Clare replied 2 years ago.
Hi
i appreciate what the plans were - but is there any re-training you might wish to do so that you can resume a carreer - or even a different one?
Clare
Customer: replied 2 years ago.
I have been there for the kids all their life. I do nearly everything for them, maybe they have been spoilt. I make their pack lunch ,drop them to school and pick them up. They have after school activities every single day and even week end. They belong to a swimming club, rowing club, triathlon club, rugby club etc. So it means most days they have to eat early, 5pm and so dinner have to be prepared before they come home from school. I take them to most of their activities and sometimes their dad will take them and bring back, but I can't rely on him because he might phone last minute and say he can't make it. We have a proper cooked dinner everyday ,except maybe week end when we will get a pizza from the freezer! So the kids are used to a certain way of life and I have been doing everything at home for them. My older son has Aspergers,though the pediatrician and psychologist he saw when he was 4-5 years old never officially diagnosed it. He had to go to a preschool in a child development unit for a year and the local preschool authority provided him with a special career at another preschool. His condition wasn't severe enough for him to be statemented and given special help at primary school,but 2 private school that we looked at ,wouldn't have him because of his difficulties. We did eventually send him to a very small private school and the teachers were fantastic and he has turned out to be a lovely lad but still lacking in some social skills. So that's why in many ways I have stayed at home to give him a stable environment and support. The younger son , 12 years old, seems to be having hard time at school now. He has been particularly affected by his dad moving out and is very vulnerable at the moment. He loves his dad and used to watch tv and cuddle up to him.
When the husband mentioned he wasn't happy in the marriage,I mentioned to him that maybe we should cut down on the kids activities and that will give us more time as a family, he didn't want them to stop their activities. He said it was good for them to carry on and socialise with their friends at the clubs. I also help them with their education? So realistically I don't see myself working while the kids are still at home and in secondary school and I think my husband expect that too, because he knows that our kids don't do much at home apart from concentrate on their studies and their daily activities. The 2 boys are brilliant academically and maybe both lacking in social skills. So it is a full time job caring for them, but when they go to uni, I suppose I will need to get job, but doing what I don't know. At 56 ,how easy will it be to get into training and then get a job. Coming from overseas and as all my relatives and parents are back at home overseas, I might go back and be with them. That wasn't an option before, even though my husband talked about spending half of the year there and half in uk when he would retire. Until last year he was still planning that and was going to start building a house over there last year . I suppose it will depends on how much assets and money I have by the time the kids leave home , to decide if I'll need to get a job to survive. My life has turned upside down, and I am not sure if I would like to stay in the town where we are now. There will be nothing keeping me here once the kids are gone. Sad really. Sorry I don't think I am helping you much here.
Expert:  Clare replied 2 years ago.
Hi
Where is your home country?
Clare
Customer: replied 2 years ago.
Mauritius
Customer: replied 2 years ago.
Mauritius. I have lived in the Uk since 1983. But we go back every summer to visit my parents , who are very old now, and all the relatives. Husband used to talk about retiring there for half of the year and spend the other half in uk. Last year he wanted to start building a house for us and I had to tell him it was too early to start building!
Expert:  Clare replied 2 years ago.
Hi
Would you want to return there to live - if so would you need more or less capital to do so?
Clare
Customer: replied 2 years ago.
It was not in plan before while I was still with my husband. We were going to our retirement time between uk and there. Now as things have changed there will be the option of going to live there permanently when the kids have left home for good. The cost of living there is slightly lower than in uk , of course depending on the lifestyle one leads.
Expert:  Clare replied 2 years ago.
Hi
Looking again at your possible income - may I ask what your medical speciality was?
Clare
Customer: replied 2 years ago.
I was working as a registrar in anaesthetic. Have not got the final part of the exams, part 3.
Customer: replied 2 years ago.
I suppose ,had I carried on working I would have taken the final exams and by now I would have been a consultant anaesthetist ,like husband.
Expert:  Clare replied 2 years ago.
Hi
The starting point for the division of the capital assets is 50/50.
The Family court has the power to depart form this in order to ensure the housing needs of the children and of the parties.
In your case it is likely that you will receive the Matrimonial home and he will receive the other assets.
You are also entitled to a pensions haring order in respect of his pensions
He is liable for child maintenance only whilst the children are in secondary education - but the children are entitled to make applications in their own rights for maintenance whilst they are at University - assuming you are not able to negotiate a better settlement within the divorce proceedings
So far as spouse maintenance is concerned it is clear that you sacrificed your career to support your husbands and that this was a choice made by you both.
On that basis the Spouse maintenance should be ongoing and should reflect the lifestyle that you currently have.
For you the case of McFarlane is relevant
http://www.familylaw.co.uk/articles/miller-v-miller-mcfarlane-v-mcfarlane-2006-ukhl-24
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
I would like to know how much I can expect to receive for spouse maintenance, would it be a percentage of his net income? He takes home around £7000 per month.
Expert:  Clare replied 2 years ago.
Hi
Unfortunately spouse maintenance is not as easy to predict as child maintenance.
For child maintenance it is 16% of his GROSS income
Spouse maintenance is needs based and accordingly is unique to each case
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters