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I support husband, no kids, could he claim SM?

  • LondonEllie
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18 Aug 12 #350290 by LondonEllie
Topic started by LondonEllie
We are both 29 and have been married 4 years. No children. We are in counseling but I want a divorce.

I earn £1600 a month and he is self employed and earns about £260 to £400 a month, pre tax, as an artist. He has not worked F/T out of choice and mental health issues, and because I was willing to support him while he worked out his career (silly me!).

He pays the electricity and water bills, about £60 or so pcm, and a few groceries we share, maybe worth £40 a month. Between May 2011 and March 2012 he gave me a varying amount each month, sometimes £150 or up to £200 towards rent (not currently). He has a few times given me a £650 lump sum to cover rent, but this has only happened once or twice.

I have £3,000 in savings, and I have a tiny pension that I started about 6mos ago, must be less than £600 :P

Just after we married he inherited over £20,000, however he has secretly spent all of it (on crap) and incurred small debts (which triggered the revaluation of our marriage and possible divorce).

We have no children. I am in good health, but he has moderate depression and anxiety (being treated on my employer''s private health care plan).

We currently live on the edge of London. I am barely scraping by supporting both of us. If we divorce I plan to move somewhere shared and cheaper, but if I have to pay SM, I will be up the creek.

He would have to move back in with his parents.

Any idea of how much or if I would have to pay SM?


  • soulruler
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18 Aug 12 #350292 by soulruler
Reply from soulruler
I can''t see how you would be made to pay sm as this is a short marriage where he has been wreckless with a small inheritance, your income isn''t large, there are no kids and you want out because of his character and conduct.

You are both young and in a short marriage you should come out with what you went in with.

Bearing in mind there is no spare cash and nothing to fight over and you have made up your mind the marriage is over I would negotiate with your husband and Petition for divorce on grounds of unreasonable behaviour.

If it had to go to court I do not see why it would get past the First Appointment as long as you filled the forms in properly.

A far better way is to get your divorce and get the finances agreed with a Consent Order.

  • Fiona
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18 Aug 12 #350296 by Fiona
Reply from Fiona
You don''t earn enough to pay SM.

With short marriages each party takes away what they brought to the marriage, but the bit that everyone forgets about the case (Foster v Foster) that established that also said that the duration of the marriage is only one factor and there are several others in s25 Matrimonial Causes Act 1973 that have to taken into account. In practice that often means one party paying the other *something* towards rehousing and readjustment.

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