Divorcing but living in same house - how do you pay the bills?

[Ollivander]

Yesterday 22:10 Ollivander

Am in the middle of divorce but still living in family home with H and 2DC. Until recently I worked PT at H's company but now in process of going back to FT work. Since earlier this year we have been paying approx 50% of our respective salaries into joint account to cover all outgoings (I had to guess with figures as I don't actually know what he earns, save that it's approx 3 times what I earn). I tried to get him to discuss this matter on a number of occasions last year before we came to decide on divorce but he stonewalled me, which is one of the many reasons we are divorcing.

We have almost agreed on a financial settlement without need for solicitors or mediation but now he is saying that until it goes through (could be approx 6months but who knows) we should each pay 50% of bills, ie I pay pretty much all of my monthly salary into joint account compared to him paying about 25% of his. He says this is fair and I've got a good deal. I've said I'm going to take legal advice (which I Will be doing ASAP) but wondered if there is any precedent for how outgoings should be divided when living together but divorcing, particularly if one party earns more, and how this would be viewed by a judge should it go to court. I was hoping to avoid court and using solicitors as much as possible but feel he has forced my hand. Has anyone been through this? Thanks in advance.
(Also posted in divorce)

[Cabrinha]

I didn't think this was the sort of thing a court would rule on - it's private between the two of you.
I actually don't see that he has any legal way if making you pay anything. You could just say "fuck you, I'm paying nothing" and I don't see what legal basis he'd have. (I'm not a solicitor)
If you weren't getting divorced, and you just decided not to pay your share any more, I don't see you could be taken to court over that.

For a short period of 6 months, with him as higher earner, I suspect any mediator would start with suggesting the status quo.

At the very most, I would say that you are each responsible for 1/4 of the cost, and for the other 1/2 (your two children who also live there) you should only pay 1/4 (reflecting his salary being 3x yours).
So that's 25% for you and 12.5% extra for the kids.

But really, I'd just say "no, you know that's all my salary, you know it's not possible. Until we're divorced we'll follow the status quo".

[MillicentKing]

I agree with the above poster, this isn't part of your divorce proceedings. I imagine solicitors would advise you to keep things as they are until the financial agreement has been settled.

It sucks. My stbx is still living in the family home. I am buying him out. I am still paying all the bills (aside from food, which I don't buy for him any more).
I can't suddenly ask him to start paying - he'd refuse..then what? This is just one of many reasons I am divorcing him.