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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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If I leave my husband after 41yrs would he have to pay me anything

Customer Question

if I leave my husband after 41yrs would he have to pay me anything if I move out and get a flat we own our home and have no mortgage .Ihave 49000 in my pension and he has 89000 would he be able to claim half my pension and what would I be entitled to out of his we live in Scotland so it would be Scottish law thankyou
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
also would the house we own be half and half
Customer: replied 2 years ago.
he earns 591 gross per week and I earn 561 gross per month
Expert:  JGM replied 2 years ago.
I am a solicitor in Scotland and will help you with this. The law on this is the Family Law (Scotland) Act 1985. After a long marriage like yours all assets including the house would be valued and split equally between the two of you. You would share the value of both of the pensions between you. In addition, your husband would either have to pay you maintenance for a period or give you a lump sum in lieu, the reason being his income is far higher than yours. Happy to discuss any specific points further. I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
How long would my husband have to pay me maintenance for and roughly how much .Or how much of a lump sum would he roughly have to give me thankyou will this question be included in the £38 I have paid
Customer: replied 2 years ago.
He would be staying in our house and I would move out was hoping he would have to pay my flat
Expert:  JGM replied 2 years ago.
I can't answer the specific amount as there's no formula for this. It depends on the needs and resources of each party. However, the law says that maintenance would be paid for not more than 3 years normally.
Expert:  JGM replied 2 years ago.
Let me know if I can help you further with this. Can you also remember to leave a positive feedback on the system so that the site credits me for my time. Thanks for using JustAnswer.