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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2731
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and i married 2 years ago, already had 4 children,

Resolved Question:

my wife and i married 2 years ago, already had 4 children, wife has never worked since we had them.
she determined 1 year ago we were over but refuses to take any financial responsibility for our household.
i work very hard, pay for everything, renovated our house and funded our lifestyle.
she is refusing to seek work and expects her life funded by me and the state (eventually once divorced)
i am not mean, i dont want my children to suffer, i am happy to make an agreed substantial payment each month for the house, food and their needs but cannot accept being rejected and entirely depended on...
is there anything i can do to avoid the status quo of my financing her life once separated?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
If divorce is pursued, there will have to be agreements regarding who the children reside with and the finances of the family. If your wife is the main carer of the children she will be entitled to pursue an application for child maintenance which will be assessed based on your gross income and how many nights a week on average the children stay with you.
In relation to spousal maintenance, and any assets from the marriage, this is considered separately and alongside the divorce. You will both need to disclose your respective financial positions and assets, as well as reasonable needs. If your wife is unable to meet her reasonable needs then she is entitled to seek an order for spousal maintenance to support her. If such an order is granted, the court will likely put a time-limit on the payments and expect her to maximise her income and earning capacity to eventually meet her own needs.
Unfortunately, there is no way to force her to obtain employment in the meantime and during the marriage.
Please let me know if you have any further questions regarding this.
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