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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Should my husband continue to pay towards bills before we divorce?

15 replies

Surreality22 · 07/12/2022 22:40

He's moved away and paying for the energy he used before he moved out. He sort of asked if I'd be expecting him to continue paying something until we divorce and I hadn't even thought of that. He's not been paying his share of bills previously just a few hundred when he was on over 3 x what I make.

Does this usually happen? How does that usually work or is it how long's a piece of string?

OP posts:
ZealAndArdour · 07/12/2022 22:43

Can you be more specific about what bills? Is he now paying separate bills elsewhere on a home?

I think if he intends to take an equal split of the equity on the mortgage when your do your financial split then he should probably continue to contribute to that and the buildings insurance, but all of the other utilities, such as energy, council tax, broadband, etc should all be paid by the person using them.

Greensleevevssnotnose · 07/12/2022 22:44

He should pay rent or mortgage but I wouldn't expect or ask for anything else. When my ex left I cancelled sky Netflix etc and he paid mortgage till house was sold.

BetterFuture1985 · 07/12/2022 23:37

Surreality22 · 07/12/2022 22:40

He's moved away and paying for the energy he used before he moved out. He sort of asked if I'd be expecting him to continue paying something until we divorce and I hadn't even thought of that. He's not been paying his share of bills previously just a few hundred when he was on over 3 x what I make.

Does this usually happen? How does that usually work or is it how long's a piece of string?

If he's moving out, he shouldn't contribute to bills. He should, however, pay child maintenance.

Two caveats. One, he might have to pay half the mortgage. Bit of a grey area, lots of arguments in both directions, if you find the answer to that let me know!

Two, you could ask for maintenance pending suit. He would be very foolish to pay it without being ordered by a court to do so, especially if he can't really afford to pay it and meet his own living costs. It's a common mistake made by the higher earner when they leave the FMH. They set a precedent by being too generous and then later they are deemed to be able to afford spousal maintenance because they've already been paying it and meeting their living costs. Same applies to leaving the FMH, it can in some circumstances set a precedent that they are already housed.

isthistheendtakeabreath · 08/12/2022 18:36

Technically If it's a joint mortgage he's supposed to continue paying his "share" however you can't legally compel him to when he's no longer living there - the mortgage company doesn't care who is paying it so long as it's getting paid and if he defaults then they'll expect you to continue to pay it - that's my understanding anyway

My STBEXH stopped contributing towards the mortgage. He does however pay "basic" child maintenance

Surreality22 · 08/12/2022 21:57

Hi, he's not on the mortgage and has only ever paid a few hundred per month towards household bills. So things like energy, petrol for my car, internet, food. I've always sorted out/paid for things like home insurance etc. No kids together.

He was here on a spouse visa and has now flown back to his home country, he has a house over there. We aren't interested in each other's houses.

I was just wondering what the norm is, assuming the other spouse hasn't done a runner and refusing to cooperate. We're amicable and he's given me money towards last month's bills.

OP posts:
MichelleScarn · 08/12/2022 22:01

things like energy, petrol for my car, internet, food
why would he pay for anything like that if he's not using it or living there?

Surreality22 · 08/12/2022 22:19

MichelleScarn · 08/12/2022 22:01

things like energy, petrol for my car, internet, food
why would he pay for anything like that if he's not using it or living there?

I meant he was paying towards this when we were together in the house.

OP posts:
Whataretheodds · 08/12/2022 22:22

Given your update why would or should he continue to contribute anything?

Surreality22 · 08/12/2022 22:42

Well he was the one who mentioned it before.

OP posts:
BetterFuture1985 · 11/12/2022 00:08

Surreality22 · 08/12/2022 21:57

Hi, he's not on the mortgage and has only ever paid a few hundred per month towards household bills. So things like energy, petrol for my car, internet, food. I've always sorted out/paid for things like home insurance etc. No kids together.

He was here on a spouse visa and has now flown back to his home country, he has a house over there. We aren't interested in each other's houses.

I was just wondering what the norm is, assuming the other spouse hasn't done a runner and refusing to cooperate. We're amicable and he's given me money towards last month's bills.

He should be paying CM, which would normally be enough for bills. Nothing else unless he's a high earner and gets a court order to pay MPS.

I would never recommend a payer volunteers anything because it sets a precedent that they have an ability to pay when maybe they do not.

MichelleScarn · 11/12/2022 08:39

@BetterFuture1985 no kids so why CM?

millymollymoomoo · 11/12/2022 08:46

The op stated they don’t have kids
hes not living there
hes not even named on the mortgsge

why should he pay.

CourtneeLuv · 11/12/2022 08:52

Surreality22 · 08/12/2022 22:19

I meant he was paying towards this when we were together in the house.

You aren't together anymore.

I don't think he should pay anything.

LittleBearPad · 11/12/2022 08:53

Why should he pay for your heating?

BetterFuture1985 · 11/12/2022 11:23

MichelleScarn · 11/12/2022 08:39

@BetterFuture1985 no kids so why CM?

Because I can't read....

In which case, the answer is shorter. No, he shouldn't be paying anything at all.

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