Spousal maintenance when you're unwell

[feelingtiredofthis]

Hello
I'm feeling sick with worry
I'm 55 and have been married for
twenty years and my husband wants a divorce
I suspect he has someone on the side and to be honest i don't care about that
I was diagnosed with stage 4 cancer a few years ago and
had treatment and am on medication indefinitely. I am tested
regularly and feel that i can cope mentally with this as long as
i don't have too much stress in my life
I have a low key part time job which i love but it pays poorly
My husband has told me that he wants me to get a better paid job as he doesn't consider me ill and wants to pay less maintenance
He's implying i am work shy
I have worked over the years and took some time out for our children
I have a solicitor who is positive but my husband is going to put up a huge fight i know to pay as little as possible
Any experience or advice would be appreciated xxxxx

It's not over and won't be though as i am stage 4 and will be on
Medication forever hopefully to control things but the drugs will only work for so long

Wait - you put money into his business? You're not an officer of the company in some capacity are you? I'd check Companies House to make sure... It might be you have some extra leverage.

Don't forget that he'll have to buy you out of the house if he wants you to leave too.

@feelingtiredofthis

It's not over and won't be though as i am stage 4 and will be on Medication forever hopefully to control things but the drugs will only work for so long

I'm so sorry to hear that OP. I want to be sensitive but I also want to give you good ideas to take to someone who understands the law. I think maybe you should ask you solicitor whether a Martin Order would be appropriate in your case.

A Martin Order is a bit like a Mesher Order but where you get to live in the house for the rest of your life.

A Martin order would usually only be in cases where the other party absolutely has no need or requirement for the capital
No idea in this case but if he’s also mid to late 50s and the house is only real capital
Asset it’s possible this is not the case here even with him being relatively high earner. And if he is mid to late 50s his mortgage capacity will also be diminished
Are there other assets ?

@millymolls

A Martin order would usually only be in cases where the other party absolutely has no need or requirement for the capital No idea in this case but if he’s also mid to late 50s and the house is only real capital Asset it’s possible this is not the case here even with him being relatively high earner. And if he is mid to late 50s his mortgage capacity will also be diminished Are there other assets ?

Usually but I think this is worth raising with a solicitor. It might be a flat no.

Before you file for any benefits or additional income, speak to your solicitor. This was in the US and she wasn't ill so YMMV, but my cousin's ex demanded she increase her work hours so he wouldn't have to pay spousal. He said 'your mother can watch the DC to cover more days'. Her attorney told her that under NO circumstances should she do anything to change her financial position until a settlement was reached. She was a SAHM, worked one day a week with 2 small children. She did as her attorney advised and was awarded spousal for 3 years, which was when her youngest would start Kindergarten. So again, speak to your solicitor.

@AcrossthePond55

Before you file for any benefits or additional income, speak to your solicitor. This was in the US and she wasn't ill so YMMV, but my cousin's ex demanded she increase her work hours so he wouldn't have to pay spousal. He said 'your mother can watch the DC to cover more days'. Her attorney told her that under NO circumstances should she do anything to change her financial position until a settlement was reached. She was a SAHM, worked one day a week with 2 small children. She did as her attorney advised and was awarded spousal for 3 years, which was when her youngest would start Kindergarten. So again, speak to your solicitor.

1) US has a completely different welfare system; 2) This is about benefits, not a job.

The UK is going to be different. OP has no good reason to change her job but in cases where the SAHP will need to work, it's not a good look to turn up at court having made no effort whatsoever to look for work. There is a general expectation that a reasonable person will try and maximise their earnings, which for the OP is claiming her benefits.

To be honest, if she doesn't, then provided her ex brings the details of what she can claim it will be imputed anyway.

Am seeing my solicitor later this week so will post an update with his input