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I am separated 2 years now I am living in the family home and…

I am separated 2 years...
I am separated 2 years now I am living in the family home and my ex has up to now paid the morgage I have 2 sons that are unemployed and i am a fulltime carer to my daughter who has special needs I get a carers allowance for this My ex says that as long as he pays the morgage he doesnt have to give me any other financial support He comes and goes as he pleases to the house and watches everything i spend I ant to sell the house and be more independent from him but at the same time i think he should support me as he can go out to work and earn whatever while i dont have a choice He takes my daughter every 2nd weekend but i have to ask him for any other time that i might have something on and if it doesnt suit him its literly just my tough luck I really need some advice on what i should do but i have to be careful "not to cut my nose to spite my face "
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Answered in 2 hours by:
1/13/2013
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10,922
Experience: Barrister 17 years experience
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Buachaill :

1. Under Irish separation & divorce law, "proper provision" must be made for the wife of the marriage when the parties break up. What this is, depends on the circumstances and varies from case to case. Additionally, where there is a disabled child, additional obligations will be placed on the husband to provide for this child into adulthood. Taking the disabled child first, this would normally mean that at least 14% of your husband's net after tax income would go in providing for the disabled child, even if the disabled child is an adult. Your husband would also be obliged to provide a place to live for your disabled daughter. Secondly, taking your own situation, the usual situation would be that you would be given a half share in the house. However, you need to be careful here as I don't see a court looking favourably on you should you seek to sell the house as your disabled daughter has to be provided with a place to live. However, if there are further assets of the marriage, you would also be entitled to a share in these. But nowadays, courts shy away from making maintenance orders for ex-wives on an ongoing basis as the view is taken that women should work, so you are unlikely to get a continuing maintenance order for yourself, unless you can show that there is no possibility of you doing part-time work owing to your disabled daughter. If this is the case, then you would get a maintenance order from your husband. Finally, you need to assess what the value of the home which is being provided is and weigh this against the potential sums you would get from your husband.

Buachaill :

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Buachaill
Buachaill, Lawyer
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