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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14038
Experience:  I have been practising for 30 years.
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My husband and I are separated and have been for a year and

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My husband and I are separated and have been for a year and a half due to his infidelity. Am I entitled to maintenance payments?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, not yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I know where it is already
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

how long were you together and married in total?

where are you living? and him?

is there a marital property? if so in who's name the mortgage? who pays?

do you have children under 18?

 

Customer: replied 4 days ago.
We were married for 11 years prior to separating, I live in the UK he is now in the US as he is American. No marital property and no children.
Customer: replied 4 days ago.
Any chance of a response please?

You are only entitled to child maintenance in respect of children under 18 and therefore if you have non-, there is none. The courts will not get involved in spousal maintenance already other argument over the division of the financial proceeds of the marriage until you have either started divorce or legal separation proceedings. If you have no assets the only potential issue is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..

 

https://www.blbsolicitors.co.uk/blog/spousal-maintenance-how-much-and-for-how-long/

and

 

http://www.familylawweek.co.uk/site.aspx?i=ed33597

and

 

https://family.findlaw.com/divorce/questionnaire-are-you-entitled-to-alimony-spousal-support.html

And here is an interesting and informative article with regard to the division of finances in general

 

http://www.lawteacher.net/family-law/cases/financial-matters-on-divorce.php

And finally, here is an article what happens to inheritance in the event of a

divorce:

 

http://www.marilynstowe.co.uk/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

 

 

 

However if he is in the United States, you are going to have to enforce the order (if you got one) in the United States so whether it’s worthwhile going for not really depends on how much money income he has because you say there is no marital property. I don’t know whether there are any other assets.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

 

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