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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Can a wife ask if there are no children in

Customer Question

Can a wife ask for maintenance if there are no children involved.
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.
How long have you lived together and what income do you each have?
Clare
Customer: replied 2 years ago.

We have been together for 29 years and have been married for nearly 25 years. We have been working on contract in different countries for the past 14 years, so only my husband has been earning the money as wives could not get work permits in the countries that we have lived in.

Expert:  Clare replied 2 years ago.
Hi
How much does he earn?
Clare
Customer: replied 2 years ago.

Sorry, I forgot to say that we are separating, so we need to work out the finances. Depending on which country he is working in, he earns approx. £5000.00 to £6000.00 per month

Expert:  Clare replied 2 years ago.
Hi
Then yes the wife is indeed entitled to spouse maintenance - both because of the difference in their incomes and because her earning capacity has been compromised through the fact that she has supported her husband during his working career
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

In your opinion, if my husband was earning £6000.00per month and has agreed to pay the house bills of approx. £900.00. When I get a job he is expecting me to pay the mortgage of £850.00 per month. Am I right in asking him to give me an extra £1500.00. This is for living expenses, fuel and savings for old age.

Expert:  Clare replied 2 years ago.
Hi
How old are you both?
What was his gross income last year - and what earning capacity do you have?
Clare
Customer: replied 2 years ago.

My husband is 58 and I am 55. His gross income was £72000.00 and mine would be approx. £10200 per annum.

Expert:  Clare replied 2 years ago.
Hi
Then he has a substantial maintenance liability towards you - in fact £1500 a month is a very reasonable sum to ask for once you are able to earn.
Another option would be to accept a much larger share of the assets and a smaller monthly sum - but that is a matter for negotiation
Clare
Customer: replied 2 years ago.

We own 2 houses which we are still paying mortgages for, but would keep them and sell them at a later date, obviously splitting the amounts once sold. To settle our separation could we do it through a mediator or would we have to do it through the courts.

Expert:  Clare replied 2 years ago.
Hi
It would be best to discuss it at mediation and then get an agreement that can be turned into a court order
Clare
Customer: replied 2 years ago.

Would you be able to advise me of Mediators in the Glouscester or Cheltenham areas.

Expert:  Clare replied 2 years ago.
Hi
You should be able to find one on the website
www.familymediationhelpline.co.uk
Clare
Customer: replied 2 years ago.

If we go to a mediator and settle on an amount according to the amount my husband is paid at the time, then a year later he accepts another contract with a higher pay. Can I then alter my amount of maintenance. How would I know if my husband is being truthful about the income he is bringing in.

Expert:  Clare replied 2 years ago.
Hi
The Maintenance will be based on your reasonable needs - not the amount that your ex receives so any increases are likely to be linked to the cost of living
Clare