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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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My husband 52and I 66 have lived apart for 4 years due to his

Customer Question

My husband 52and I 66 have lived apart for 4 years due to his affairs the last one with a girl of 21 he pays my bills and house keeping and we are amicable , we sold our large house and I bought a bungalow which is paid for we agreed this would not be part of a settlement as I had a house wheni met him , and he was broke , he worked hard and freely admits that I got him to were he is today m d of a large company on a salary in access of 200k a year plus bonuses .he now lives withhis girlfriend and supports her 2children has a bently new house and I recently found out a holiday tme share in mexico .ihave asked fora divorce several times but he says he does nt want one as he cant afford to pay me out but I am worried that his eextravagant life style will end up crippling us eg last week he spent 6k on a long weekend in Scotland at t on the park it may sound like I am bitter but I am not I have worked al my lfe and in the 25years have been with him( 22 married ) we own a property company between us and until last week I have run it , I decided to retire and have now got a agent to run it despite being profitable I have only recently had a wage for doing this .I get £1200 per month and my bills paid , do you think I will be worse off if I divorce him .thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much are all the assets owned by either or both of you worth?
What Pension provision do you have?
Claire
Customer: replied 3 years ago.

I have not got any private pension .our approx assetts are 2.5 million

Expert:  Clare replied 3 years ago.
Hi
What income does he have?
Claire
Customer: replied 3 years ago.

I dont know his exact salary now as he is md but when we split he was on 200k plus bonuses , there is also the income from the 4 multi let houses in norwich and 5 single let properties which I estimate to be about 40k per annum

Expert:  Clare replied 3 years ago.
Hi
In the event of a divorce the starting point for division of all the assets is 50/50.
Since this would give you ample funds to rehouse yourself it is unlikely that you would get more than 50%
However you would be entitled to Spouse maintenance in addition - of a larger capital lump sum instead as well as a share of his pension.
Whether or not you woudl be better off is difficult to assess - but you would at least have full control of all your financial assets
I hope that this is of help - please ask if you need further details
Claire
Customer: replied 3 years ago.

He says he will not give up his extravagant life style so cannot afford togive me a lump sum as he subis keeping his 32 year old girl friend and her 2 children in this event surely he would have to give me more per month other wise I am subsidising them.

Expert:  Clare replied 3 years ago.
Hi
If you are divorced and there has been a settlement then he would not have any options on payment
Claire
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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