if both my wife and i are working will i have to pay her when we split up , shewould be earning about a third of my salary .There are no depanding kids and no morgage on the house
1. In assessing what monies you will have to pay in maintenance to your wife, the court will look not just at your income and her income, but also your respective financial positions and any arrangements to be made in relation to houses or where you live. The test the court applies is what is "proper provision" for the less well off spouse. The court will then make an order inr ealtion to all your financial affairs, including property, pensions and maintenance in determining what is the appropriate level of maintenance you will have to pay your wife, if any. Nowadays, there is an assumption that the wife will work herself and pay her own way where there are no dependent children, so it is more likely than not that you will not have to pay your wife anything. However, this ignores the issue of where you will each live. if your wife has to pay money for renting accommodation, you may have to contribute towards this if you get the house. However, the ultimate level of maintenance, if any, will be determined by what financial arrangements are entered into in respect of property and pensions as well as maintenance. It is not considered in isolation.
Barrister 17 years experience
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