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I think they will look more at todays situation than the situation 5 years ago.
Does the court look at the finances from 5 years ago? Or as of today? She since went on to make 40k in property deals.
Yes they will try to infer what value it may be.
She has her own personal pension fund and has been ordered to provide the CETV value but so far refuses. Will they take an inference from that?
They should not take your income of assets into account [ie she could not claim any of them, but they will consider how your relationship impacts your husbands outgoings (i.e. if being with you saves him money cos you pay some of the bills that could be considered). But her needs will come ahead of you and your kids (i.e. the court may well take the view that your husbands first responsibility is to his ex) However as she has a new partner that helps your cause.
Will they take me and my children into account ?
No - they can only share out the assets that are currently available - they cannot ask you to take on a loan to pay an award larger than the current assets.
Can the courts order us to take on more debt to pay any award?
If she is working and has a new pension and has a new partner it seems unlikely that your husband will have to pay spousal maintenace unless he earns lots more than her - perhaps 3 times more.
Will my husband be ordered to pay her maintenance? even though she has maintained herself for 5 years?