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Spousal Maintenance

  • 23-09-2013 3:23pm
    #1
    Shivers26
    Closed Accounts Posts: 639 ✭✭✭


    My husband has decided to end our marriage and left the family home (or is in the process of doing so). I believe he has cheated and have evidence to support it but he refuses to admit anything, he doesn't like to be the bad guy. We have had a lot of problems in the past year but were actively working on sorting things out (counselling etc). Then all of a sudden he demanded a separation, initially a trial one but then I caught him in a load of lies and he wanted it to be a permanent, official separation. I would have done anything to work things out (except for the cheating, he has done it before and I forgave him that time).

    The house is in my name only and it is his decision to leave. I am the higher earner and am willing to accept paying the mortgage myself. I will not be seeking spousal maintenance. I would like him to contribute towards our son (amount not yet agreed). He also has some bills of his own that I feel he should take sole responsibility for (car loan that is almost paid off, credit card). I have no real debts besides the mortgage and a credit card with a small balance. I have 2 children, our son together and an older child from a previous relationship.
    I have managed our finances for years and he just hasn't got a clue. Money was always just there whenever he needed it and I think he is going to be in for a shock. My question is, could he go after me for spousal maintenance? Yes, I earn more but I will have the children living with me and I will have way more outgoings. He can't just walk away and financially expect things to be as they always were surely?


Comments

  • #2
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    The house is in your name but the interest of each spouse is protected under the Family Home Act. Any claim can of course be signed away by your husband.
    The likelihood of him having a claim on your earnings us unlikely because you have been paying the bills, supporting the children. He should be obliged to make some contribution to their upkeep.

    Like so many other posts the advice I would give is get a good solicitor, make sure you have a record of all the financial transactions which your salary was going towards.
    It might be possible that you can come to an agreement on your different positions. I would say that if it came to a court decision they would definitely rule in your favour


  • #3
    Shivers26
    Closed Accounts Posts: 639 ✭✭✭Shivers26


    I'm not trying to shaft him or be in any way deceitful (quite honestly, I am still hoping we can work things out) but if he makes the decision to leave and it is his final decision, I need to know I can manage on my own. Yes, I have more income but I will have a hell of a lot more outgoings than he will.

    I can't afford a solicitor right now but I will look in FLAC. Just trying hard to keep everything amicable.


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