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Help - Spousal Maintenance

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  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 April 2017 at 1:55PM
    vivera01 wrote: »
    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.

    You would have to issue divorce proceedings and can then issue an application for 'maintenance pending suit'. AS you are a victim of domestic abuse you may be able to get legal aid to help with the cost. MPS is designed to allow someone to access financial support while they go through the financial process for a final settlement.

    In the mean time, you should also re-apply for UC.

    See a solicitor ASAP. Loo for one who offers legal aid and, ideally, who are members of Resolution.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • vivera01
    vivera01 Posts: 63 Forumite
    Part of the Furniture Combo Breaker
    I was financially self-sufficient when we first got together but he, on the other hand, was practically bankrupt. I paid his mortgage for 2 years, paid back the arrears for him, loaned him £12500 and another £4000 cash (the cash I don't have records for). He moved into my house and lived rent-free for 18 months, paying only for small jobs in the house and the bills on my car. When I could no longer afford to subsidise him and he was forced to do a proper day's work, the resentment kicked in.

    He gave me £400 a month towards his living expenses and latterly, when I just couldn't find another job, he had to pay the grocery bill on top. He became angrier and angrier at me, my daughter and the general situation he found himself in.

    I've asked him to put a payment plan together to return the money he owes me. He now earns £250 a day and the last access I had to the bank account, he had a balance of £7000. I only wanted £1000 a month of my own money until I could find a job then I was prepared to reduce those payments to whatever he could afford. He is ignoring me.

    I have been put through the mill by him emotionally and financially from the point I could no longer afford to keep him and to be honest, I feel a sense of relief now he's gone.

    Interestingly, I've spent the past 12 months in agony with a bad back and knee pain. It now seems to be subsiding a lot so I'm assuming it's been stress related.
  • Pollycat
    Pollycat Posts: 36,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    vivera01 wrote: »
    I was financially self-sufficient when we first got together but he, on the other hand, was practically bankrupt. I paid his mortgage for 2 years, paid back the arrears for him, loaned him £12500 and another £4000 cash (the cash I don't have records for). He moved into my house and lived rent-free for 18 months, paying only for small jobs in the house and the bills on my car. When I could no longer afford to subsidise him and he was forced to do a proper day's work, the resentment kicked in.

    He gave me £400 a month towards his living expenses and latterly, when I just couldn't find another job, he had to pay the grocery bill on top. He became angrier and angrier at me, my daughter and the general situation he found himself in.

    I've asked him to put a payment plan together to return the money he owes me. He now earns £250 a day and the last access I had to the bank account, he had a balance of £7000. I only wanted £1000 a month of my own money until I could find a job then I was prepared to reduce those payments to whatever he could afford. He is ignoring me.

    I have been put through the mill by him emotionally and financially from the point I could no longer afford to keep him and to be honest, I feel a sense of relief now he's gone.

    Interestingly, I've spent the past 12 months in agony with a bad back and knee pain. It now seems to be subsiding a lot so I'm assuming it's been stress related.
    Have you done anything about applying for benefits?
  • vivera01
    vivera01 Posts: 63 Forumite
    Part of the Furniture Combo Breaker
    I'm going to do that today. Just called them but it seems everything has to be done online. So, I have two jobs today - apply for a job I've just seen advertised and make a claim for benefits.
  • Pollycat
    Pollycat Posts: 36,144 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    If I were you I'd put my details through both of these benefit calculators
    https://www.gov.uk/benefits-calculators
    to give you an idea of what you might be entitled to.

    When you've got some money coming in you can then think about how to deal with the money your ex owes you.
  • vivera01
    vivera01 Posts: 63 Forumite
    Part of the Furniture Combo Breaker
    Thanks everyone. I've been onto the benefits calculator which says I'm entitled to £1095 a month plus child benefit so almost £1100. That's a relief to find that out. I've put in my application so fingers crossed. Hopefully I'll find a job in the meantime as it doesn't sit well with me to claim benefits but at the moment it's needs must.
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