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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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In the event of one party in a divorce working consistently

Resolved Question:

In the event of one party in a divorce working consistently for 15 years and looking after the children and the other party living away from the family home most of that time while not working, what would the partner who is not working be entitled to in terms of financial support from the partner who is still working and still looking after the children ?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The test is one of needs and resources. And circumstances. For example why is the absent party not working?

Customer: replied 3 years ago.
he has not worked for more than 20 years as he knew I had money and during that time he was jailed for 2 years so now he has a criminal record. around 2 years ago he had an accident where a tree fell on him and broke his leg badly now he claims to be disabled. we own a disused mill which he has spent the last 17 years of our marriage "renovating " but frankly he is just lazy.
Expert:  JGM replied 3 years ago.
Given the history and in particular his reluctance to support himself over the period I would say there is no obligation to pay maintenance in this instance.
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