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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
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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Am I entitled to spousal support I was married yrs when

Customer Question

Am I entitled to spousal support I was married for 21 yrs when my husband walked out. I only ever worked part time in low income jobs. We have one child who is now 22 & not dependant. He earns £40,000 a year & pays me £400. A month which he now wants to stop. Without this I will not be able to cover my bills or debt incurred during my marriage. We separated 7 yrs ago
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

I'm happy to wait.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Clare replied 1 year 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 is the position with regard to the Matrimonial home and what income do you have?
Clare
Customer: replied 1 year ago.

I work part time 25 hrs a week. I live in & maintain the family home but he still owns half. He refuses to sign it over. I have recently found out he has had two children one is six the other is three.

Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
What other assets do you each have?
Clare
Customer: replied 1 year ago.

The house is worth about £95,000.00 & there is approx £7,000 left on the mortgage which finishes in 7 years time. I have no other assets. He has a government pension which was topped up 10 yrs ago with my help as he said a government pension was better than taking out an individual one as the pay back was higher. So I currently have no pension. He also had a large compensation payout from work and has recently sold shares that were in my name by forging my signature. He also cleared out my son's savings account when he left 7 yrs ago.

Expert:  Clare replied 1 year ago.
Hi
Would you rather have the house or maintenance?
Clare
Customer: replied 1 year ago.

I would rather have both as I can not afford to keep the house without the contribution he pays. What about his pension can I claim half of that I supported this man whilst he climbed in his job at the age of 52 it's hard for me now to reach the position he is in & earn that kind of income. I am also still supporting our son who wheras I know is a non dependant , he is still his responsibility as well as mine. Sorry if this sounds angry but I have tried to be as fair as I can but he makes my life a living hell.

Expert:  Clare replied 1 year ago.
Hi
How much were the shares worth and what lump sum did he receive?
Clare
Customer: replied 1 year ago.

I've no idea they were fulcrum pharmaceutical shares and they were bought for £500. The pay out was from work so I was told by one of his eork colleagues but not how much

Expert:  Clare replied 1 year ago.
Hi
Ok
Who owns the property he now live sin - and how much does a cheaper one bedroom property in the same general area cost to buy?
Customer: replied 1 year ago.

He lives in rental accommodation. A one bedroom apartment to buy is around the region of £90,000 - 110,000

Expert:  Clare replied 1 year ago.
Hi
You are certainly entitled to spouse maintenance - and a share of his pension.
However your ex is entitled to half of the equity in the matrimonial home - although he must also account for the lump sum and the proceeds of the sale of the shares.
If you wish to keep your home then you will have to forgo spouse maintenance - although a pension sharing order would still be a possibility.
You need to discuss the financial side of the separation with your ex using Family mediation
www.familymediationhelpline.co.uk
This can only be a rough guide - but please ask if you need further details
Clare

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