Spousal maintenance??

[JMEN04]

Hello, I am in a situation where I what to leave my husband but I don't have anywhere to go in order to leave. We also have a small child to consider and with the cost of childcare, I'm working part time, I am financially reliant on my husband.
I've read about spousal maintenance? Has anyone had any experience of how this works?
Essentially, I would need him to cover the essential bills on our property which is owned in his name (however we are married nearly 7 years, together 9) for at least 18 months when our child would start primary school and I can increase my hours to afford a place of my own.
Is this reasonable? He would probably have to move back in with his parents to enable this to happen.
Alternatively, I could leave the family home if I was supported with the initial set up of a rental property. Could this been spousal maintenance?
I could then apply for appropriate financial support to help with bills and therefor be financially independent from my husband (with the exception of our child).
Thanks

Perhaps try and present some options for an amicable discussion that might give him an element of choice, one being you relocating back to family but his DC being 2 hours away, another being your preference for him moving in with family you staying in the marital home. In effect, if he is firm about maintenance then the consequences are relocation. If his OCD is so severe that moving with parents is preferable then a favourable result might be possible? Good luck.

Asking him to carry on working full time and moving back with his parents so you can stay in the house working part time is not fair.

You need to up your hours and go full time and see what benefits you’d be entitled to.

There's a lot of guess work on this thread.
I can't tell you what you will get, no one can really, but I can tell you what I was advised.

Marriage of several years. I was a student and working part time.
Solicitor advised me I could claim limited spousal maintenance for a limited period of time - e.g. until the end of my course/so I could finish my course (so about 12 months). After that, I'd be expected to support myself without spousal maintenance.

I could claim child maintenance for the kids, of course. A private arrangement is preferred by the legal system but anything over CMS amounts is only enforceable for 12 months.

The simplest way to do all this was to ask him to pay half the joint mortgage still until the house was sold plus the child maintenance. My STBXH earned enough for that to be feasible and he agreed, thankfully, so it went through fine. If he'd disagreed, it could have gone very differently. (He'd been a financially and emotionally abusive arse but thankfully wanted to appear a 'good guy' to the rest of the world at this point).

That enabled me to get through the initial 'hump' period that came with separating and to a time when I could earn more.

I also separately confirmed I was entitled to Universal Credit but not the housing element if I stayed in the house. I claimed the UC I could get. I could have just coped with UC and my income plus child maintenance , if it have come to it but it would have been very, very tight. I did a lot of number crunching to ensure I could leave/have him leave and cope financially.

So much depends on what he earns, what you're asking for and why, and whether it all gets combative or not. Get advice on the specifics of your situation from a solicitor and talk to CAB about what UC you might get and then do some calculations.

Good luck!

The main issue with spousal maintenance is that it reduces any benefits you would be entitled to. This is not the case for child maintenance.

If you have a child and a low income, then you are definitely going to be entitled to UC. I expect the UC would be greater then any spousal maintenance you could get.

If you divorce all the assets of the marriage will be split. If you do decide to split you should do so with a full knowledge of the assets. If you can find a way to freeze savings and joint accounts.

Until you divorce or get a court order to say otherwise you are both entitled to live in the house. But you could seek to get an occupation order that allows you to live in it. Speak to Womens Aid about your situation and whether you can get legal aid.

The house might or might not be sold. There are means for you to continue living there. But you won’t get benefits to help with the mortgage.

When you decide to leave, have a back up plan to leave if you have to. Stick to the decision to leave and let that sink it. Don’t get embroiled in demands that he moves out and pays for this or that. That’s another conversation for when he accepts the split. Ask him what he wants to do and see if he offers to leave.

When you decide to split not leave. But do have a back up plan for when you tell him if it gets heated and tense.

I honestly would not listen too much to those saying only 50% equity etc etc. You have primary care of child so the focus is what's best for child. That may mean you staying in house for an amount of time. May mean selling but you get more of equity to house child and yourself. You need proper legal advice. Don't leave the house as will be seen as making yourself voluntarily homeless.

You need to contact women's aid to help you due to his controlling behaviour. They can help advise you on next steps.

Don't let on to him about anything.

In my divorce i got 65% of equity, i could have pushed for more as i had full time care of the kids but just wanted it done and dusted. I was working full time though and could cover mortage with my own salary. Ex moved out to a house share then to his parents. We did have to live together while separated for about 6 months first - God that was horrendous!

It was agreed i would stay in house for x years then would sell or buy him out. Before i remarried i bought him out.

Spousal maintenance won't happen on 36k - my dh earns about 120k and i would struggle to be awarded spousal if we were to divorce!

BUT you will be entitled to universal credit, child benefit, child maintenance. Look at online calculator on Entitled To website.

Good luck.

I think some people are being a bit harsh.

OP, you need to get yourself a free 30 min consultation with a solicitor, more than one if you can, just to get a range. You could also go to the Citizens Advice Bureau. Make sure you turn up armed with a list of EVERYTHING- savings, his pension etc.

Also, look at www.entitledto.co.uk/ to see what benefits you might be entitled to, I used this and it was fairly accurate. Also look at the child maintenance calculator www.gov.uk/calculate-child-maintenance to see what you might get.

A solicitor won’t immediately force you to work more hours. They look at what is in the pot as the family income, then what each individual needs, and then make a judgement from there. I got an awful lot in housing benefit and child tax credits when my ex first moved out- I wasn’t working at all and thought that I would be flat broke so was pleasantly surprised. Also, when I did start a job, a large amount of the childcare was covered by child tax credits. This was 8 years ago, I think it is all universal credit now but the principle is the same.

I also DID get spousal maintenance- my ex did earn more than yours, but not massively. When we sent the consent order off the judge said it wasn’t fair and that I should receive spousal maintenance. ExH and I agreed on a lump some instead as I wanted a clean break, but the court still advised a ‘nominal’ amount of something like £5 a year, just to keep the option open in case I fell on hard times and needed it, because the DC we’re so young, and at the time I was earning so little.

Good luck!

I doubt he will be forced to pay spousal maintenance unless he is a very high earner. He may agree to help you financially for a short period. He will of course have to pay child maintenance which probably won't be enough.

Op, you’re entitled to half the joint savings and half any equity in the house, as a starting point.

He’s not a high earner and he needs to be able to home himself, and a judge will expect you to work full time and support yourself if possible.

On 36k a year with housing and supporting his self, paying child maintenance there is simoly not much left. You can’t ask for what isn’t there.

It’s not reasonable as others said to expect him to live in his parents so you’re housed post split.

Look at all the benefits you’re entitled to, free nursery hours, child maintenance and also what split will happen with your child, Ie how often will he have the child, weekends, evenings, or fifty fifty. Check on line there are many child maintenance calculators. Speak to your empkoyer about going full time or looking for a full time job.

Any split in savings or equity would likely give you enough for a deposit.