Spousel maintenance

[r-englefield]

Friend and his wife have been seperated for nearly 4 years. His wife is 63, he has no dependents, she lives in the family home he lives in digs. She had a very well paid job untill a few months ago. He pays their mortgage, rates and some other bills. She was going to take him to court for spousel maintenance. Does he have to pay her maintenance as he was told the law had changed and she was entitled to it.

[boxtops]

If she goes to court, the court will take into account all the transactions - the fact she worked and presumably paid into the family home? Did he pay all the domestic bills when she was working in her well-paid job? What happened to stop her working in that job?

I can only speak from experience that when I separated, we drew up a separation order which clearly stated whose responsibility was what.

IMO, a judge would suggest that the house be sold and the assets split in whatever way the judge sees fit, to release money to help them both.
We do't know enough about this story to be able to give a proper answer.

[tonywiltshire]

Assuming children are not involved and there has been no court order for maintenance your friend is doing far more then he may be required to do.
Under the matrimonial causes act 1973 your friend can petition for divorce quoting desertion/separation or simply irretrievable breakdown and try to agree with his spouse a division of assets if they are unable to agree the court may impose a financial settlement.