Hi, Married for 16 yrs, separated for 4.5yrs.
I live with another woman now.
Since separation my health has deteriorated to the point where I receive an Invalidity Pension because I cannot work anymore.
There are no asssets from the marriage except that we both have equal pension plans.
My wife earns probably 3-4 times my income. My invalidity pension is not enough to cover my share of rent, food living expenses etc.so I am "kept" by my partner.
The problem is, I have asked my wife for a clean financial break, asking nothing of each other, but she is reluctant to agree to it "in case I am not being truthful". I have pointed out that she could in fact lose more than me by not agreeing.
Am I being reasonable in my offer and should I just press it anyway or just put the financial break to one side for now?
If my partner decided for example to put a car she purchased in our joint names would my wife have any claim to this?
I have read what you say, and the reply you have received from Downbutnotout.
My first suggestion is - get down to CAB and get a benefit check, particularly Disability Living Allowance. It costs you nothing and might help you quite a bit.
Fighting over non-existent assets is obviously pointless. Downbutnotout is correct to draw your attention to the possibility of spousal maintenance, but without knowing the figures, neither of us could even guess how much, if anything, it might be. Your partner's income will undoubtedly affect it.
I hate to say this - but have you considered what the position might be if your circumstances change ? If you have a Clean Break, your right to spousal maintenance ends and cannot revive. If you have an order - even for a small amount - it can be varied. I agree with Downandout - if I were the wife, words like ' bite ' 'hand ' and ' off ' would br crossing my mind. For the reasons stated, I would think very carefully before offering clean breaks.Sorry to put a damper on things, but - - -
Thanks downbutnotout and mikemcnaughton for your advice.
Maybe I am being stupid, but I am happy to have a "Clean Break" with neither of us paying the other anything even though it is the case that my income is considerably less than hers.
Can anybody help on my question concerning my partner buying a car and putting it in joint names?
It is a particular concern of my partner's that anything she does financially to help me does not end up benefitting my wife as one can appreciate!
I'd be very careful about putting assets i.e. car, in joint names with your new partner, its just not worth the hassle until and unless you get a Consent Order from your former wife.
Anything that is in yours and your partners joint names will be taken into account by some solicitors, i doubt a Judge will see it like that, but best be on the safe side and sort out your finances with your ex before doing anything.