My husband and I are just starting the separation route.
OH works long hours, earned £120,000 last year, on target the same this year, just under £100,000 the previous year. His basic is about 1/3 of this total, the rest commission based.
We have a 3yo
I quit my job (something I suggested, but he agreed to based on the long hours he worked), meaning he has been supporting us financially for 2 years. up until then, I contributed equally (owned house for 6 years total, married 4 years, almost 5)
I have started my own business, that is currently in debt. I am paid £8060 pa, though this is in the form of a directors loan. I have no other current income (which means basically, I have no income!!) If I get another job to supplement income I have the problem of childcare, and the risk that if I can't work on my own business I will go bankrupt because of the debts in the company.
I don't think the reasons for separation are relevant, but I am the one calling time on the marriage.
So, we are trying to figure out the nitty gritty best we can. My solicitor suggests I should be able to keep the house and apply for additional SM on top of the child maintenance, equalling roughly 1/3 of his monthly take-home.
He has refused to leave the house, saying I need to.
His solicitor has apparently said no court will kick him out of his house, that we should sell it or for him to stay in it.
We have agreed on custody that he will have him 2 nights, 1 full day plus extra holidays etc if he wants.
If I just move out to rented accommodation, with no spousal maintenance I will be living in a cheap rented place (by this I mean really grotty - Im not being a snob), and have very little money left over for anything like clothes for my boy. I will have no security of how long I can stay where I am, and I will find it very hard to find somewhere that will accept housing benefits and someone with a small child. But OH is adamant that I will not be granted SM because it is never given, despite what my solicitor says. Nor will I get the house.
So, getting to my question - IS SM ever granted in reality? If I have to move into rented accommodation having an extra couple of hundred in the bank would make a huge difference to my financial situation and the security that I have for my son. His take home has been consistently £5,500-£6000 a month. Sometimes it is more, sometimes less as it is commission based, but that would be a good average. I am suggesting CSA payments of £1000 pcm (according to the CSA website this is what he would need to pay) and an additional £500. I would take 50% of the house and everything else can be his. IE - I won't claim anything on his pensions, and won't ask him for anything more. I would be happy for these payments to decrease as my business is able to pay me and my income rises.
I would also need him to be a guarantor on my rented house, as I don't think a landlord would rent to me on the basis of my financial situation alone.
But if SM is never really paid in similar circumstances, I can't afford to rack up solicitors bills fighting for something that wouldn't happen in reality.
Any of your experiences would be really, really helpful! x