I am separated from my wife of 19 years marriage. She does not work and has not worked for 18 years. I currently am paying all the household bills, mortgage etc and am providing for her and my children. My question is, do I have to give my ex-wife additional money every month when I am already paying all the household bills and providing maintenance for my childrenThanks
Province/Country relating to question : Scotland
I am paying a considerable sum of money each month to cover mortgage, household payments and private school fees. In addition i provide maintenace for my four children however my ex-wife is asking for more money which she feels she is entitled to however I am paying all the bills, including loans which are in her name
Thank you for your question.There is no formula for an amount of maintenance you are supposed to give a spouse from whom you're separated.The law says that the amount is based on your respective "needs and resources". What that means is that both of you have to produce a schedule of income and expenditure, in your wife's case, expenditure only if she has no income.Any negotiation or decision of a court would have to take into account what is essential expenditure on the part of both of you and it would be an important factor that you are still paying all household bills and school fees. Presumably you also have expenditure of your own to pay for, not the least of which will be accommodation costs. Your wife would have to demonstrate that it is reasonable having regards XXXXX XXXXX income and your joint needs that you should be paying her cash over and above what you are paying just now.She is also under an obligation to contribute and should also perhaps consider getting a job of some sort. A court will be well aware that your income will probably only partially support two households as opposed to one and your wife has to realise that too.I don't know the detail of your circumstances so can't give you a specific answer to your question but I hope I have given you some idea of what the principles are.I hope this helps. Please leave a positive response so that I am credited for my time.
27 years as a practising solicitor.
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