Alimony?

[Lakitu]

A couple have been married for 28 years, have 2 grown up children, who no longer live in the 'family' home. One day the wife tells her husband she's not happy in the marriage and walks out on him.

Neither party has been unfaithful and she is not willng to try marriage giudance etc., she just up and left and never returned.

18 months later a letter is sent to him from her solicitor tellng him that she's looking for half of the equity on their home, his pension, life insurance and also alimony??

What exactly are the grounds for paying her alimony? I, in my ignorance, assumed this was very much an American thing, and also assumed it was if there were children still called as minors involved and the woman didn't work.

Can anyone explain this to me, please?

[Ethel]

If you are referring to the UK then the home is as much the wife's as it is the husband's. She is entitled to half of the equity.

The pension is another asset to be divided, as is life insurance.

http://www.theanswerbank.co.uk/Law/Civil/Quest ion594578.html#top

Alimony is 'maintenance'. If she has been financially supported during the marriage - perhaps because she was raising the family and supporting his career - then she is also entitled to continue to be maintained. It is unrealistic to expect a middle aged woman who has never worked outside the home, or hasn't for many years, to be able to support herself in employment.

Also, if she hasn't had a career of her own, she will have been relying on her husband's pension to provide in her old age.

This is a good article re the basics of maintenance and other provisions made in divorce:
http://www.terry.co.uk/matcaus1.html

'Fault' doesn't come in to the equation at all - one party will not be awarded less because they have had an affair or otherwise behaved badly, causing the marriage to break down.

At present, pre-nuptial agreements are not legally enforceable in the UK although it is highly unlikely such a contract was made 30 years ago.

[Lakitu]

Thank you, Ethel, she has worked every single day of her life apart from maternity leave when my brother and I were born, so she has no right to alimony.

Also, she has shacked up with another guy now, does this change the view too??

If she has worked all her life and is after her pension because she doesn't have one, then surely that's her own problem for not getting her own pension with her own earnings??

[Ethel]

Things were very different when your mother (I assume) started work - women didn't have their own pensions as standard. They even paid 'half stamp' national insurance if they were married because they would be claiming on the husband's state pension.

Don't forget the money paid into the pension meant there was less money coming in to the household, and she was planning to reap the benefits in later years.

Just because she is claiming does not mean she will automatically get.

It would be far better if they could sort out the financial side amongst themselves, but it seems unlikely.

Living with another man may affect her right to maintenance - and if she has a good income in her own right she may not be awarded in any case.

However, with regards to the house and the pensions, she is entitled to a share of the proceeds.

Sorry if this isn't what you wanted to hear.

[Lakitu]

The house and pensions, I know she's entitled to all of that, but I'm not a happy bunny RE her claim for alimony.

Many thanks for your help, Ethel x

[Ethel]

As I said, that's not automatic - she may not get any. :)