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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Sposal Maintenace with new Partner

  • jony
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20 Aug 07 #2203 by jony
Topic started by jony
Thanks for everyones comments on my earlier posts, very helpfull and reasuring to hear from people in similar situations and how they've approached things.

Appreciate any more comments to some more questions re finacial support.My wife left about 2 months ago now after announcing affair late one night, told me she wanted to move in with new partner asap, she expected to carry on living with me and our two teenagers somehow until they could find somewhere to rent together, NP was with relatives, no place of his own.
Told her I didn't want us all to be living together like that , too stressful for good family life and that it was better if she left, she moved in with relative for a few weeks before moving into rented place with NPartner.
Teenagers are with me in FMHome and want to stay with me, her solicitor has requested financial support, my solicitor has agreed to pay a few hundred £ for 3 months. Her solicitors letter finally recognises her cohabitation, it didn't until recently, although acuses me of forcing her to cohablt for forcing her out of the house ( should I I get my solicitor to write back and correct this, or doesn't it really matter?, its certainly hurtful).
Obviously she could have planned it better financially by not cohabiting but luckily she didn't look into all this. Her soliciotor is claiming it will take her a long while to get into work again after being a stop at home mum, etc, think a year is mentioned.
Question is now shes cohabiting (and not denying it) do I have to continue supporting her or is this limited to 6 months, I think I've read somewhere about a 6 month period but this is probably a guideline rather than a rule?
I'll be talking with solicitor at the end of the week but obviously as shes cohabiting I don't see why I should support her more than neccesary after what she's put us all through. Can I stop paying her altogether? I obviously want to concentrate on having a family home for me and my teenagers.

Thanks for any comments

  • LittleMrMike
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20 Aug 07 #2209 by LittleMrMike
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Jony

Hello again.

For what it's worth :

1. I know how you feel having to live together with a wife when you know she's going to leave you. It's a pretty impossible situation.
2. Someone said somewhere on this website that cohabitation disentitles a spouse to maintenance, but I don't think it does. It can certainly affect how much you might have to pay, on the basis that she has fewer expenses ( because they are shared with the cohabitee ) and therefore the maintenance is less than it otherwise might be. Re-marriage certainly ends spousal maintenance.
3. Your wife has the right to apply to the Court for interim maintenance whilst you are sorting out the finances of the divorce.
4. It is very, very unlikely that your wife's conduct will have any bearing on the maintenance issue.
5. I'm sorry to disappoint you here, but I think a Court might be quite sympathetic if your wife wished to re-train. It does at least show a willingness to support herself. As to the period, well, I think that depends on what job she wants to re-train for. I did warn you in a previous post that it is possible for your x2b to apply for an extension.

You need to discuss these points with your solicitor, but that's my tuppence worth.
Mike 100468

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21 Aug 07 #2229 by markp
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hi
i'm in a similar situation my soon 2bx is living with her new partner in private rented flat, i asked my sol if i would have to pay sm and he told me no way as she is co-habiting with him and he also states that it is good grounds for claiming adultry hope this helps

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