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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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hi my husband has just walked out on me is he still entitled

Customer Question

hi my husband has just walked out on me is he still entitled to pay me money? i only work 14hrs per wk and he says that he has gave me enough money over the years but we have only been married 2yrs and i have cleared of all our debts of my own private pension, i don,t know how i am going to cope only make £100 per wk, he says i should have thought of that don,t know what benefits i am entitled to his name is XXXXX XXXXX the tenancy of the house which is rented from the council, i am at my wits end now as because i paid of all debts even his i don,t have much money left.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What does he earn?

What are his circumstances?

I am travelling today but will pick up your answer letter today.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.


i,m not sure what he aerns as he has never showed me a pay slip think 1400 per wk, before tax he is away to stay at his mums but he has left me to pay everything he only has to pay £40 for child support to his ex wkly, basically all i want to know is as we are still married is he obligated to give me any money to help me or do i just get on with it. many thanks.

Expert:  JGM replied 4 years ago.
You husband has a duty to pay you maintenance under section 1 of the Family Law (Scotland) Act 1985. You can read this online if you want.

The amount depends on your respective needs and resources, in other words what each of you earn and what expenditure you each have. As you have relied on your husband's greater earnings to pay household bills etc during your marriage you are entitled to ask him for maintenance at least until other financial issues and the divorce is sorted out.

If he isn't doing this voluntarily see a solicitor who will write to him and if necessary apply to the court for an order for what is know as interim aliment. You are likely to qualify for legal aid for this.
Customer: replied 4 years ago.

thank you for your help.

Expert:  JGM replied 4 years ago.
You are very welcome.