Spousal maintenance

[Smudge1997]

How does it work when the wife has left and walked out on her husband and child. The husband is in the house and fully responsible for the child. Should he then still be liable to pay spousal maintenance. His ex is not working through choice.

Until they get divorced and sort out a financial settlement there is no spousal maintenance payable. Whether there will be any thereafter depends on her earnings capacity (i.e. what she would earn if she was working) and a range of other factors. She won't get maintenance just because she chooses not to work.

I would suggest speaking to a solicitor. Spousal maintenance is not common, although does happen in some cases and it depends on many factors. I rather suspect the wife may actually be liable for child maintenance, if she is claiming benefits she may only have to pay around £5 a week.