H spending money on hotels and holidays with OW - where do I stand legally?

[Whatnext074]

My H left me in September, after I found out about his ongoing affair. I have discovered that he has been taking her to expensive hotels, buying expensive gifts and they are going on a 2 week holiday this week.

We have mediation in January and I wondered if his spending on OW is something I can claim against when I divorce him?

Can I do this without applying for full disclosure of his finances? I have an idea that he could be getting OW to pay and then pay her cash once divorce proceedings are finalised to hide his spending.

He is currently renting a room but I believe he spends all his time living with OW at her rented flat and he has said they will probably buy somewhere together in Spring, does this have an impact on a settlement?

We were together 11 years, married for 4 and have no DCs together. Both our names are on mortgage.

Thanks for any advice.

Very excessive and unjustified spending by one spouse after separation can be taken in to account, but it's not a hard and fast rule that what he's spent on all these things will be deducted from his share. I'm assuming he's finding it from capital not income.

Thank you Collaborate.

I think he's funding it from his income although I suspect he has cashed in his life insurance policy which would be worth quite a few thousand £s so he could be using that.

His spending would only be relevant if it is affecting the size of the pot to be split between you. If he is getting OW to pay and then intends to pay her once the divorce is finalised it isn't relevant at all.