Maintenance or financial support from husband

New to his...married 12 years....husband moved out 2 years ago after shutting himnself away in spare room for 28 days....He begged to come back..his decision to leave at that point..back he came...after 3 months back to spare bedroom...no rows nothing..lets just say mental health issues
Now over a year and he wont communicate in any form...tried mediation paperwork...ignored.
he has been paying me an amount to support me as I am a pensioner. This was because he said he was responsible for me. Suddenly reduced to smaller amount..no communication...barely covers bills...strugglying...so divorce now an option for me...but he has two pensions state and two private...he has a new car..now house...and savings. I have always owned in full the house he came to live in.
Any advice at all...just cannot afford local solicitors as charging £200 per hour?????

Well, as a start, you could and should consider the issue of social security benefits. This is important because benefits cannot be backdated.I would suggest a consultation with a CAB for a benefits check.

This would cost you nothing. But benefits can't be backdated, so do not delay.

You say he is living in a house which belongs to you. He probably has the right to do this if you remain married, but if you divorce, that right ceases unless, exceptionally, he is given the right to remain there.

He has no incentive whatever to divorce you, for this reason.

It is an option for you to claim what is known as alimony pending suit. In plain language, you claim this as part and parcel of the divorce petition. But you have to petition first before this can happen.

The main problem is not so much the divorce as the financial settlement which accompanies it.
Seems you have no children so that is one complication less.

Are you on benefits at the moment ?

LMM

Hi, thanks for information....but think you misunderstood...he moved out in September 2017 after 29 days hiding in spare bedroom..now row involved...I allowed back to start again...same happened a year later....I already owned the house ..in full....no mortgage at all
He moved out..his decision in September last year...was paying the bhills...his decision...said he was responsible for me..I am 69 with a state pension and veyr small private one which will stop soon.
He has now reduced this bill paying to £300 which barely covers bills...he will not communicate with me...solicitors request for mediation etc.
I need the money but scared If I start divorce proceedings trying for financial settlement the money will stop...I know this is very complicated...
I am concrened could he take my house...he always said he never wood..and I believe him..but risky
Can I ask for financial support..i.e. maintenance.
or should or could I go for half his savings, new car, pensions...2 and savings????

You have a marriage of 12 years which would be regarded as medium duration, unless some cohabitation beforehand which would also be added to the length of your marriage.

The circumstances of you both, including your respective incomes, assets, debts and value of former matrimonial home, pensions would be considered and then how to divide these assets.

You have not said where your husband is living, is he in rented accommodation? or in a property that he owns.

How big is your house ie. how many bedrooms, where was your husband living before he lived with you, did he own his own property.

Many factors and information is needed before you can consider what a fair and reasonable financial settlement would be.

Deborah

1. You do not, at this stage, need to quantify your claim for maintenance. You should make the claim in the divorce petition and then it is up to the Court to decide how much he has to pay.
2. It is possible to agree with your x2b how much maintenance he pays you, and as long as he does pay, there should be no problem.
3 This agreement can be incorporated in a Court order which makes it legally binding, and therefore, if he fails to pay, you could apply to enforce, which you can't do with a purely voluntary agreement to pay maintenance.
4. Both of you will have to make a full disclosure of your assets and income.
5. As I have said, you can ask for ' maintenance pending suit ' to keep you in funds pending the
outcome of the maintenance hearing.
6. Your entitlement to social security benefits should be pursued vigorously and promptly.

LMM

Agree with LittleMrMike strongly pursue advice and claim for benefits if you are eligible.

As for making a court application for maintenance, (maintenance pending suit or interim maintenance) further information, in my opinion, is needed before making that application. What is the difference in your incomes, and what are your husband's expenses, does he live in rented accommodation, how much income does he have left over after paying his reasonable expenses. What is your entitlement to benefits.

Before applying to court you would need to go to mediation so you may get a better idea of your husband's financial circumstances if he attends and complies.

Hi, sorry for delayed..not set up on phone through choice
Perhaps I should clarify....my husband moved out twice....my house...owned 10 years before he arrived....11 years married...he has mental problems...he is now living in a flat in Lancaster some 50 miles away from my home town.
He has paid my bills for almost a year as he said "I am responsible for you." He has now without any form off communication reduced the amount to £300. it barely covers bills...not my car etc which is old or my phone and pet expenses!!
He doesnt communicate at all...even through solicitors when they asked for him to undertake mediation.
He has left me with some debts...credit cards..in joint names which I am struggling to pay off.
He always said he would never touch my house. Its in his Will to that effect. No Consent Order asked for yet as I belive thats the way forward.
I have small state pension plus 50 month private which will end
He has substantially more money than me..hes just taken retirment and has pension from that plus one private and one state pension.
Basically what can I claim for if I go for full divorce..sorry lengthy but lot of info needed