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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 11895
Experience:  Dual qualified Solicitor and Attorney
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My husband wants a divorce, he has already left the family

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my husband wants a divorce, he has already left the family home and is living with another woman. The only asset we have is the house, which we have a fixed rate mortgage on until summer. We have very little savings and no pensions. We have been been married for 36 years in June and have 3 adult children, the youngest 23 has just graduated is unemployed and lives at home. I am 62 now working part time and I would like to know whether we will just have to split everything in half or if he will have to pay me some sort of spousal maintenance going forward
JA: What steps has the unemployed taken? Have they filed any papers in the family court?
Customer: the unemployed son is trying to get work and does do some part time casual work. Nothing has been filed anywhere. I have no idea what actions I need to take and cannot afford costly lawyers fees. We would like to agree things amicably but at 60 years old I also need to know what I may or not be entitles to having brought up 3 kids etc
JA: The Family Lawyer will be able to walk you through that. Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does the unemployed live in?
Customer: all bills for the mortgage, loan life assurance etc and most of his wages are still going through our joint account. He takes £500 and lives in her house
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We live in the borough of Barnet London

It is very unlikely he would be expected to pay you spousal maintenance, he will be expected to keep paying the mortgage until the divorce settlement is reached. At that point it is likely the house will need to be sold and the proceeds split essentially 50/50. Now your children have long since become adults you would be expected to work enough to support yourself without extra income from your then ex, though given your age, the court will be realistic that you are only a few years from retirement age. I trust this assists

Customer: replied 1 month ago.
not really the answer I was hoping for. I gave up my career when the children were small and when they were older a built and I ran my own business with a partner that sadly passed away and the business closed. The money I earnt from the business always paid for family holidays and was quite a large portion of our shared income. I lost my job at the beginning of lockdown and have managed to fins a job now but it pays very little, at 60 I am pretty unemployable. it just seems wholly unfair that I am left in a position where I will have to move from our family home of 30 years into small rental whilst he lives in a multi million pound house with no prospect of any pension or support from him

I understand, sadly in a relationship breakdown one party is often affected more than the other for instance, in this case I gather he is living in another woman's house, therefore if it is a multi-million pound house it is not because of his assets or income but because of her wealth. I trust this assists

Customer: replied 1 month ago.
not really, I was hoping that with there being no pensions or savings etc (he was useless with money) that there may have been some amount of spousal maintenance he would have to contribute , even a small amount going forward

Afraid not, especially if he has no pensions or savings and is as you say useless with money he is likely living off his partner and of course their income cannot be factored into your divorce settlement. Take care

Customer: replied 1 month ago.
Thank you

Take care

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