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Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I separated 3 years ago He has supported me

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My husband and I separated 3 years ago He has supported me with £600 per month out of his £2,500 pension. I have £1,100 per month pension. We both live in rented properties. He has now developed dementia. The Social Worker says he will have to go into a care home (he is 79) at a cost of £600 per week. However,what do I do? Will he still have to pay me the support he agreed to? should I take any legal action?
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long were you married?
Customer: replied 2 years ago.

28 years

Are you willing to consider Divorce proceedings?
Customer: replied 2 years ago.

Not at this moment, but will if it safeguards finances. I contacted you urgently to ask my rights regarding the money he currently gives me, we are still married and I am the only person who is in touch with him, he is estranged from family and has no friends.

Please say something about the financial situation as I am going to get pressure from the Social Worker and feel that I should still have some of his pension. Am I right?

I am afraid that in the absence of a Court Order the payments he is currently making to you are not enforceable and if someone else takes over his finances and ceases the payments you will face a fight to get them back.
However within Divorce Proceedings you will be able to obtain a Pension Sharing Order which will mean that part of his pension is diverted to you directly.
If the Dementia is not yet too far advanced and he still has Mental Capacity then a Separation Agreement can be drawn up setting out the payments which you can then use against Social Services.
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

Thank you, ***** ***** shattered by your reply.

How long does it take to get a Separation Agreement drawn up and would Social Services honour this?

I am so sorry.
It is not impossible that Social Services will honour it even without a Separation Agreement.
If your husband is still mentally capable the Agreement can be drawn up in a matter of days and they would have to abide by it
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