What comes out of the joint account during divorce

[DinosaurDiana]

If you’re getting divorced and your husband has always had his wage paid into the joint account, what can he be reasonably expected to continue to pay while the divorce is going through ? All expenses currently go out of it. Council tax, utilities, car insurances, mobile phones, weekly food shop, petrol for both cars etc.

Depends if he is still living in the house I would suggest he continues to pay same amount in. My ex was fantastic and kept paying all my bills even once he’d moved out plus all his at his new place for a bit (we have kids). Then/now he pays enough child maintenance to cover it all so I wasn’t out of pocket, otherwise we would have sold the house. He was very reasonable and lovely though.

You are going to have to get used to paying your own bills though. Do you have kids? Will he be paying child maintenance? Can you afford the bills yourself?

You will negotiate the split of assets (equity in any house, any pension) as part of the divorce. Divorceees are unlikely to get spousal maintenance but if you have dc then child support from the non-resident parent is likely. Take a look at the CSA calculator.

“Soon to be ex” is also still liable for any debts in his name and joint names, I think on here opening separate bank accounts is usually recommended and starting to disentangle finances.

If he’s still living there, he should continue to help pay bills with you. If he’s not, he should be paying you child maintenance. It’d be advisable for him to stop getting his wages paid into the joint account now though. You’re both separating, you should both have your own bank accounts.

At some point (probably sooner rather than later) he will pay it in to an account in his sole name and have to do a transfer to you for any maintenance obligations (unless you have to pay maintenance to him).

It's the only sensible way to do these things.

My ex opened his own account (that took him 6 months) and I worked out the bills, he transferred the full amount (high earner) each month. When I moved out (my choice) he moved back in and took over the bills, but continues to pay me spousal maintenance and enough to cover the remaining joint costs list the kids allowances, dogs costs, joint life cover etc. until the house is sold and we work out a final settlement, we haven't bothered rushing it because of covid, courts are snarled up and we get on just fine anyway

Still living in the same house.
He earns double what I do, so should he be paying twice as much bills ?
Youngest child just finishing school, other child at Uni (so does she officially still live at home ?) so I assume there won’t be a custody battle and he might say he wants DS 50:50 so he doesn’t have to pay CM.
House will have to be sold sadly, I could afford to pay bills, it it’s any maintenance that needs doing that I’d struggle.

No he shouldn’t be paying twice as much, you should both be paying 50/50 for the bills. He no longer has an obligation to make sure you both have an equal income and lifestyle.

In that case I agree with others. His wages should start to be paid into his own account and he should transfer an amount equal to half of all bills every month. Sounds as though no child maintenance would legally be payable from September as neither in school (uni doesn’t count) but if they both continue to live with you you could ask for a voluntary contribution (my ex has said he will pay me once kids are at uni for the weeks they are “at home” with me). The fact that he earns more isn’t relevant I’m sorry to say.

@DinosaurDiana

Still living in the same house. He earns double what I do, so should he be paying twice as much bills ? Youngest child just finishing school, other child at Uni (so does she officially still live at home ?) so I assume there won’t be a custody battle and he might say he wants DS 50:50 so he doesn’t have to pay CM. House will have to be sold sadly, I could afford to pay bills, it it’s any maintenance that needs doing that I’d struggle.

It doesn’t sound like child maintenance is an issue as your children are both out of school. They will decide who they live with and it may be neither of you.

Time to have a discussion about interim and long term finances. But yes if you have separated there is a stronger contention that you should pay equally into the account. He might decide to support his children directly rather than via you. Factor this into your long term planning.

Focus on what is in your joint interest in any discussion

He should be expected to pay half of all joint bills and you each pay for your mobile phone / car etc bills