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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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If my wife deserts me without just cause, am I obliged to

Customer Question

If my wife deserts me without just cause, am I obliged to pay her maintenance?
Submitted: 8 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 8 months ago.

1. Dear Simon, I regret to say that no matter why your wife leaves you, the obligation to pay maintenance in relation to children survives the breakup of the relationship with your wife. However, you can certainly argue that you have no liability to pay spousal maintenance should the facts show that she is self sufficient. However, a father always has an obligation to pay child maintenance. There is no concept of fault removing the obligation to pay child maintenance should your wife desert you. Should you require further clarification of these two issues - child maintenance and spousal maintenance, I will be happy to help you further.

Expert:  Buachaill replied 8 months ago.

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Customer: replied 8 months ago.
Thank you Buachaill. However, there are no children involved and we were only married for 2 years. Please advise if I still need to pay maintenance to my spouse only?
Customer: replied 8 months ago.
I am trying to establish if I have an obligation to pay my spouse maintenance. She has a job and has deserted me without cause on my part. As I said there are NO children involved. Please clarify or refer me to conditions for maintenance payment
Ts in my particular situation. Thanks.
Customer: replied 8 months ago.
Do you intend to reply? Simon

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