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Who pays what in divorce?
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ediesonlighthouse
Posts: 10 Forumite
Hi, I'm hoping for some advice for my cousin.
Her and her husband are really not in a good place, and literally everyone agrees that they should split up. He threatens to leave constantly, gets home from work very late, sleeps on the sofa and is gone by the time she gets up. They basically aren't in a marriage.
The problem is, they have three young children, one with a lot of learning difficulties, so she is currently unable to work due to care requirements. It seems as though they have discussed splitting up, but he wants her to leave as he is the only one earning, so he pays the mortgage/bills. She hasn't got anywhere to go with the kids, and there'd be no point leaving them with him as he is only home maybe 7 hours overnight, so wouldn't be able to care for them.
No one in our family has divorced before, so we're all a little unsure on what to advise her. Logic would say that he would leave, she would stay in the family home with the children. But how does that work financially? She cannot work, and the small amount she gets in carers allowance would not even come close to what she would need to pay for the house (bills, mortgage etc)
Any advice I can pass on to her would be much appreciated.
Her and her husband are really not in a good place, and literally everyone agrees that they should split up. He threatens to leave constantly, gets home from work very late, sleeps on the sofa and is gone by the time she gets up. They basically aren't in a marriage.
The problem is, they have three young children, one with a lot of learning difficulties, so she is currently unable to work due to care requirements. It seems as though they have discussed splitting up, but he wants her to leave as he is the only one earning, so he pays the mortgage/bills. She hasn't got anywhere to go with the kids, and there'd be no point leaving them with him as he is only home maybe 7 hours overnight, so wouldn't be able to care for them.
No one in our family has divorced before, so we're all a little unsure on what to advise her. Logic would say that he would leave, she would stay in the family home with the children. But how does that work financially? She cannot work, and the small amount she gets in carers allowance would not even come close to what she would need to pay for the house (bills, mortgage etc)
Any advice I can pass on to her would be much appreciated.
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Comments
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They both need to accept that they are going to be in a worse position individually than they are as a couple (well financially anyway!)
From that they need to work out the best arrangement for them. If they cant work anything out theyll revert to legal guidelines which in this case providing things dont change would mean him paying a certain amount in maintenance for the children.
Id imagine no one is staying in the house and it will need to be sold in order appropriately divide the marital assets. Well thats the easiest thing to do considering it unlikely that either one can afford the property on their own.0 -
your husband pays everything spadoosh0
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What other assets are there? pensions? savings? How much does he earn? How old are the children? Has she considered the children living with their father so that she can get a job and support herself?0
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