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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 separated from my husband of 22 years and am staying

Resolved Question:

I have separated from my husband of 22 years and am staying with friends. We have three sons together who are staying living with him, ages 18, 19 and 21. He works as a Geologist month on month off earning £200k. I'm trying to work out how much I need to live on...Am I entitled to a monthly allowance from him, if so how much approx? We have just bought our own home last august for £415k, he will remain living in the house with the boys.

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 much do you earn and is there a mortgage on the property?
Clare
Customer: replied 2 years ago.

Hi Clare

I'm actually a housewife right now and not in employment.

We have a mortgage, yes, still owe about £380k

Thanks

Expert:  Clare replied 2 years ago.
Hi
May I ask why your capital is so low given your husbands earnings?
Clare
Customer: replied 2 years ago.

We just bought our first house last August, up until then we rented.

Vanessa

Expert:  Clare replied 2 years ago.
Hi
Sorry - I meant are there any other assets?
Clare
Customer: replied 2 years ago.

Hi Clare

No there are no other assets

Vanessa

Expert:  Clare replied 2 years ago.
HI
Are you able to seek employment of any kind - if so how much could you earn?
Clare
Customer: replied 2 years ago.

Hi, I'm doing a volunteer ambulance transport service job, I get paid expenses usually around £600 per month.

Vanessa

Expert:  Clare replied 2 years ago.
Hi
I am sorry - I meant what work skills do you have and what could you earn if you returned to work
Clare
Customer: replied 2 years ago.

I'm a trained counsellor and could earn £30 per hour, hours depending on whether I worked at a doctors surgery or had a shared practice or I could make and sell stained glass artwork.

Expert:  Clare replied 2 years ago.
Hi
may I ask how old you and your husband are - and what pension provision your husband has
Clare
Customer: replied 2 years ago.

Hi I'm 42 and he's 49. No pension though, it was cashed in a while ago.

He's an Oil field Operations Geologist (consultant).

Vanessa

Expert:  Clare replied 2 years ago.
Hi
May I ask - have there been any financial difficulties which led to the pension being cashed in?
Clare
Customer: replied 2 years ago.

Yes in between jobs...it was a while ago.

Vanessa

Expert:  Clare replied 2 years ago.
Hi Vanessa
I am sorry - I am aware that I am repeating myself but there is a mismatch between his income and the extent of the capital assets and that is a concern when assessing your entitlement
If the reason is school fees and moving etc then that is fine - but I would be grateful if you could confirm it
Equally I assume that your career has been impacted by following your husband's work around - but again please confirm
Finally - did you not wish to remain in the property?
Clare
Customer: replied 2 years ago.

Hi yes two of our sons went to private school for several years, £15k each per year, this set us back quite a lot! Yes you're right on the work front for me too, he never wanted me to work as he earns enough so I've just been making stained glass windows etc and doing Counselling course and part time volunteer driving job to keep busy.

No I do not wish to remain in the property, the boys are settled here and it's me who wants out.

Vanessa

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - it helps a great deal.
If you could start again on a career what would you like to do - and how much would it cost to achieve it?
Clare
Customer: replied 2 years ago.

I'd carry on doing what I'm doing now to be honest.

Vanessa

Expert:  Clare replied 2 years ago.
Hi
Your husband will indeed have to pay spouse maintenance based on the fact that he has a substantial income and you do not
However you will be expected to maximise your income - and since your ex has no pension provision it is likely that the maintenance will be time limited.
You are taking the right approach by working out what your reasonable needs are - but you will have to factor in your earning potential.
You should offer to negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
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