money, money, money

I've decided that enough is enough and hubby and I are now in the early stages of separating and will divorce. There's no 3rd party, I'm just out of love with him, we're so not suited, he can be an irritating, overbearing - you get the idea, blah, blah.

I have many concerns - naturally. One of my major worries is that for the past 2 years he has been running his own company (he's listed as a director) and so has earned zilch, all profits being fed back into said company. The company may do very well in the future but at the moment he still isn't drawing a salary and we're still in the same house. Mortgage is paid by tax credits and I give him money every month - I work full-time and earn a decent salary (though not huge).

My question is, when we sell the house and go off to live separately will I have to pay him maintenance? We have 3 children - 12, 11 and 7 - and our plan is to share residence (though I'd like to be named primary caregiver - he won't agree to this though). I will struggle with a mortgage and other expenses (petrol!) so I'm worried that if his business keeps on earning him nowt then I'm going to be saddled with supporting him while he is not earning a penny (I've already said he needs to ditch the business and start earning now - I've lost patience waiting for the magical day when he starts to make money).

Sorry - long and detailed post. Please help, advise, guide if you can!

Hello,
Sorry to hear your news. There are many issues here such as does the house have equity. Living seperately will always cost more im afriad and is part of the pitfuls of it all. You will each have to learn to get by on your own salaries.
Your ex will need to make a decision on whether he pursues the business but the main issue here, and the one the courts will look at is the needs of the children.

Who will they live with, because the other will need to pay maintenance. The children will also need a roof over their heads so it may be that one of you stays in the FMH while the other pays maintenance, and helps towards housing. Its hard to say without knowing how will have the children, but in any case try and agree as much as you can (i always say this but its true) before we get solicitors involved. The more you can agree amicably the less stress and money it will cost to divorce.

Regards
DA