Hi, my first post, hoping someone might have some useful tips/info. Sorry if this gets a bit long and convoluted!
H and I separated some time ago but had to go on sharing house and bed platonically for a few years due to financial situation. Things were difficult but as amicable as possible under the circs. About 3 and a half years ago he started an affair with someone a lot younger (we're both 55, she's 40ish). 2 years ago we finally managed to sort out actual physical separation, he rented a flat and went on seeing her, I stayed in the house until we agreed to sell last year. They have now moved into rented accommodation and I have bought a 70% share of a housing association flat with my half of the house sale.
I have been out of work for 2 years now and am on JSA (I went back to uni to improve my work prospects and haven't worked since) and I'm getting less confident of finding work by the day. This means that much as I would love to be completely independent of him he will have to go on paying me maintenance. He does pay me what he can at the moment but it isn't enough - I live very simply but I have to rely on overdraft and credit card (with low limit) to get by.
He runs his own very niche small business which doesn't make him much money - the profits go back into the business - so I know he probably can't afford to give me much more. The 2 year separation is up at the end of July and I want to get on with the divorce asap, so I've sent him a breakdown of my finances and asked him to do the same so that we can present something we've agreed on.
So my question (finally!) is does he have to include his girlfriend's income as well? Will the court take that into account when deciding if our calculations are fair?
I don't know if its relevant but we have two grown up children, DD lives with me as she has AS and dyspraxia, DS is working and house-sharing with friends. DD has just lost a second job because of dyspraxia, she is trying to build up a career as a TEFL teacher but she is also on a low income. H had a baby last year with girlfriend, possible the stupidest thing he's ever done but that's a whole other story, however I am aware that it will probably complicate everything. GF has a son of 20ish at uni.
Pause for breath. Any thoughts? Many thanks in advance.
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should husband's partner's income be taken into account for maintenance calculations?
ginger57 · 08/07/2013 11:59
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