extramarital affairs

[espresso]

A friend is having an affair with a married man who is going through the process of divorce. They intend to move in together after a suitable period of time. Will her earnings be taken into consideration in any aspect of the financial agreement in the divorce?

[Pippa68]

My answer would be yes and no.

With regards to financial settlements, the man will have a 'buffer' in respect of his current partner therefore that may be taken into account.

If there are children involved and the CSA asked to make an assessment for maintenance, they apparently don't take new partners incomes into consideration (under the new rules)

However I am a bit dubious about that one! the best thing to do would be to ask a solicitors advice ~ however the soon to be ex wife can ask for things to be considered and may well succeed, especially if her husband left her for another woman. Spousal maintenance is also available to her...if she asks. Not many people do, but in Mr Pippas experience it does happen..much to his disgust.

[fairkatrina]

They shouldn't be unless she earns a significant amount in comparison to him and his wife, but the relationship will be if the soon-to-be-ex-wife is aware of it, and I'm afraid in such instances the unfaithful party pays dearly. It would be worth them staging a seperation though, to ensure that her earnings are not cited.

[seatrout]

Its a long time since I've been involved in divorce settlements but as I recall the partners salary will only be relevant to the extent that it "frees up" some of the husbands salary which can then be considered as available income in a financial settlement. The courts these days seem to prefer a "clean break" ie a settlement which requires neither party to have on going financial responsibilty for the other after decree absolute. This is difficult when children are involved. ALWAYS remember the ONLY people who benefit financially from divorce are the lawyers

[NixnJay]

Point to remember though, the new partner is not obliged, by law, to disclose her income . The person going through the divorce is obliged to declare it, IF HE KNOWS! So dont tell!! They cany make ya!!

[espresso]

Thanks to you all for the feedback, very much appreciated.

[Pippa68]

Actually I was taken to court and told to bring 'strict proof' of my income & savings, NixnJay ~ and I wasn't even the 'other woman' as my partner and his wife had split up 6 months before he met me....

If the ex has a good solicitor, you never know!