Aliment

Hi

We are about to seperate. We have 4 kids aged between 2 and 10.I intend making an additional payment of £400. would sign the house over to my STBX but perhaps would want 25% of any equity in a future sale. Is it likelythat I would have to pay aliment on top of this, and if so, how much extra would it likely be?

I would have CSA obligations of c£850 pcm.

Hi

Welcome to Wikivorce.

Firstly, can you afford to re-house yourself without your share of the equity from the current house? While it is a noble thing to sign the house over, you do need to consider your own needs too. Also, can she afford the mortgage on her own?

Aliment (periodical payments) when,if, awarded are usually for a limited time (there are some exceptions, ie long term ill-health). I would be wary about committing yourself to Aliment indefinitely as financial circumstances are open to change, and you could find yourself struggling to meet those additional payments.

The Clean Break premise underpins Scottish divorce law, meaning that both parties leave with a "fairly"" even split in assets, and then each has to adjust their own lifestyle according to thier own independent means. If she were unable to work due to ill-health or disability, then its a different matter and aliment can be awarded for longer periods of time.

You may find our step-by-step guide useful -
www.wikivorce.com/divorce/Scotland/Scotl...de/Introduction.html

Ruby

Hi Ruby

Thanks for replying so quickly!

I would have no deposit available to me in order to purchase so would have to rent. I do have a new partner who does have a deposit which we would use in future.

I am really keen to do what is right and fair however I don't want to start committing to payments when on top of CSA and any additional I would intend paying, I could also be legally expected to pay aliment on top.

My wife doesn't work as she looks after our 4 kids. She therefore has lost out on future pension and I would expect to have to compensate in some way. I have looked in detail at the various benefits that she would receive and, financially, she will actually be very comfortable.

As she has no earned income she would be unable to pay the mortgage on her own.

DAM

I can understand that you want to do whats right and fair, but also not have to make additional payments that could see you end up in a difficult financial position.

Does your wife intend to return to work at some point? With the addition of Child Ta Credits, help with childcare costs, etc, she may then be in an independent financial position to afford the mortgage on her own. As for being "comfortable" on various benefits,benefits do not offer any kind of financial stability. Financial independence (for a woman) can be very liberating

I would think carefully about signing the house over to her - it would be unfair on her to be left with a house she cant afford without your contribution, and what if she decides to co-habit or re-marry further down the line? You could be tied to contributing towards the mortgage even though her own situation has changed.

I would suggest that before you make any kind of informal offer to her, you make an appointment with a Family Law solicitor (most offer a free initial consultation) and speak to him/her.

Hi Ruby

I believe that when our 2 year old goes to school she will look at at least p/t work. so to be fair to her I think that she realises that it would be very positive for her to work in several ways including having a life outside of home!

The house thing is at her request although she doesn't as yet understand the deutail of how all the finances will work i.e. Child Tax Credit, CSA etc, etc. From all of these payments covering the mortgae, bills etc would appear not to be any issue at all.

I take on board the potential future scenario - thanks for that!

Talking with a lawyer seems like the best next step

Thanks for the advice Ruby

Cheers

DAM