Help - Spousal Maintenance

vivera01 · 14 April 2017 at 11:34AM

I managed to get my husband out of my house following a bout of violent behaviour for which he was arrested.

He has managed to take away any access I have to money and basically left me in the clothes I'm standing up in. I lost my job in October and have been unable to find another so have no income whatsoever. I have around £300 in my bank account.

Does anyone know whether I can apply for an emergency order for spousal maintenance and how I would go about it?

I really need something in place for the next few months until I'm able to get back on my feet and support myself.

Thank you very much.

Gavin83 · 14 April 2017 at 12:05PM

Is he a high earner? Do you have any children?

Spousal maintenance is rarely awarded these days. However there will likely be benefits you'll be entitled to while seeking work.

Even if you get benefits/find work can you afford to run the house by yourself?

Pollycat · 14 April 2017 at 12:08PM

Talk to CAB or get a free consultation with a solicitor.

When my friend's husband left her, she had 2 kids under age of 12 and only a 5 hour a week job.
I raised the subject of spousal maintenance at a meeting with her solicitor who said 'no chance'.

vivera01 · 14 April 2017 at 12:20PM

I have a daughter who lives with us but she's not his.

Already tried CAB who couldn't find it on their database so told me to see a solicitor. Local solicitors near me all said they can't offer free advice on this matter.

I can't afford to run the house by myself and am worried sick about what to do next.

I thought maybe I could get an interim order for spousal maintenance and it could be reviewed once I get back on my feet.

He earns around £1250 per week.

silvercar · 14 April 2017 at 12:34PM

On what grounds do you feel he should be providing maintenance?

If you have lost your job, you should be applying for benefits to tide you over till you find work.

pmlindyloo · 14 April 2017 at 12:36PM

vivera01 wrote: »

I have a daughter who lives with us but she's not his.

Already tried CAB who couldn't find it on their database so told me to see a solicitor. Local solicitors near me all said they can't offer free advice on this matter.

I can't afford to run the house by myself and am worried sick about what to do next.

I thought maybe I could get an interim order for spousal maintenance and it could be reviewed once I get back on my feet.

He earns around £1250 per week.

Spousal maintenance, if appropriate is usually awarded as part of divorce proceedings.

You are probably better off applying for benefits as a single person.

Put your details into the benefit calculator on https://www.entitledto.co.uk for an idea of your entitlement.

The sooner you apply for them the quicker you will have some money.

Gavin83 · 14 April 2017 at 12:49PM

vivera01 wrote: »

I have a daughter who lives with us but she's not his.

Already tried CAB who couldn't find it on their database so told me to see a solicitor. Local solicitors near me all said they can't offer free advice on this matter.

I can't afford to run the house by myself and am worried sick about what to do next.

I thought maybe I could get an interim order for spousal maintenance and it could be reviewed once I get back on my feet.

He earns around £1250 per week.

How long have you been married and what's the situation with the house? Did one of you already own it pre marriage or did you buy it together?

Spousal maintenance is normally paid when a couple have children, one has given up work to look after the children and the working partner is a high earner. I don't think it'll apply in this case.

First step would be to speak to CAB to see what benefits you'd be entitled to.

vivera01 · 14 April 2017 at 12:57PM

He controlled all the finances. I couldn't get Jobseekers Allowance when I went back to work as I didn't have enough NI contributions. The Universal Credit application was denied as he earns too much.

It's my house which I owned before we were together. Been together 6 years and married for 3 years.

He has a house with no mortgage which he's gone back to. He had that before we were married.

I will apply for benefits again as perhaps I'll have a different status now he's left but not sure about how that works.

While looking for work, I've been managing his business for him but haven't been paid a salary or anything.

Appreciate all the replies.

pmlindyloo · 14 April 2017 at 1:04PM

vivera01 wrote: »

He controlled all the finances. I couldn't get Jobseekers Allowance when I went back to work as I didn't have enough NI contributions. The Universal Credit application was denied as he earns too much.

It's my house which I owned before we were together. Been together 6 years and married for 3 years.

He has a house with no mortgage which he's gone back to. He had that before we were married.

I will apply for benefits again as perhaps I'll have a different status now he's left but not sure about how that works.

While looking for work, I've been managing his business for him but haven't been paid a salary or anything.

Appreciate all the replies.

Yes, it's quite different now regarding benefits as you would be making a claim as a single person.

Just a 'heads up' regarding this. Do make sure that there is nothing linking him to your address - i.e that he has changed all details, car insurance, bank accounts etc etc to his own address.

If there are any difficulties arising from your claim then seek help from CAB or get in touch with a domestic abuse organisation (google for support in your area)

Aced2016 · 14 April 2017 at 1:22PM

You will need to claim benefits, job seekers, council tax benefit. Tax credits and child benefit for your daughter.

Your daughter is yours not his so he had no financial responsibility to you. Your an adult so will need to look after yourself !

Perhaps during divorce you may be awarded something. But it's his money that he works for, he really shouldn't be responsible for anyone else apart from children if he had any.

Once your benefits are sorted this will tide you over until you find a job. But going forward don't rely on a man for money, rely on yourself !

vivera01 · 14 April 2017 at 1:28PM

I find your comments Aced2016 to be unnecessary.

Actually, I worked to build up his business for him which is why he earns his money. I suspect it will be a different story for him now he doesn't have me behind him as he is a lazy so and so.

If it wasn't for me, he'd sit on his backside every day watching Jeremy Kyle.

I know my responsibilities towards my daughter and myself and was just asking for some genuine advice during this transition period when I can stand on my own two feet.

I've cried every day for the past week because of the physical and emotional abuse I've suffered from this man and to get comments like yours is disgusting.

Help - Spousal Maintenance

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