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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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I have been married for 27 years

Customer Question

I have been married for 27 years and my husband has committed adultery and he has gone to live with his 'common law spouse'. Am I entitled to spousal maintenance? I have 2 daughters living with me 24 and 19(no maintenance required) but I pay all bills and struggling with finance etc.

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?
Clare
Customer: replied 3 years ago.

He is on £48/59k


 


Me £28k

Expert:  Clare replied 3 years ago.
Hi
How much is the monthly mortgage payment?
Clare
Customer: replied 3 years ago.


No mortgage. the house belongs to my parents but we lived rent fee. my monthly out goings is £600 on basics (not electric). I use £70 a week on fuel to work and left with £60 a month. I have electric bill of £500 a quarter. I need car maintenance- tyres £90, Service Plus etc. Handy man to keep outside house/logs for fire chopped etc all cost. I feed the girls. Credit cards outstanding and him living rent free with her.

Expert:  Clare replied 3 years ago.
Hi
What is your monthly income?
Are your daughters working?
Clare
Customer: replied 3 years ago.

My income after deduction is £1600 a month. Daughter's work and they pay for their own things etc fuel car maintenance etc. One on £650 a month bring home the other £800.

 

 

Expert:  Clare replied 3 years ago.
Hi
Then I am sorry but no there is no liability for spouse maintenance in your case
Spouse maintenance is needs based and the difference in your incomes makes it a very borderline case.
Had there been a large mortgage bill then you might have been able to argue that he should pay half for the time being - but given the circumstances that you describe there is simply no basis on which the family court will grant it at this point
I am sorry - I know that this is not good news but I have to be honest with you
Please ask if you need further details
Clare