Maintenance and Seperation questions

battyb

Registered User
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I have a query on how much maintenance I should be paying to my ex-spouse. I have been ordered to pay €200 per week plus the mortgage which is €160 per week, plus all utility bills within reason by the District Court, my wage is approx €42000 gross. There are no children and I cannot live in the family home because of her behaviour, she managed to get a Safety Order against me but was unable to get a Barring Order after 2 attempts, she also tried to have me prosecuted as a criminal making complaints that I had breached the Safety Order but she was thrown out of the court. She refuses to work as she would lose her legal aid and attempts to get a maintenance appeal in the Circuit Court are taking forever, 17 months waiting already and I'm being told by my solicitor that the Judge may not vary the maintenance order because she doesn't work. The marriage was also very short only lasting 10 months, she never worked from the time I met her and never added to the house or contents in any way. She applied for Judicial Seperation and is seeking 110% of everything even though she has never added anything and was supported by me since I met her. Can some tell me what should be a reasonable outcome to what she will get of my assets? There is no reasoning or barganing with this person, she will not come to agreement on anything even though generous offers have been made, 110% of everything isn't possible to give. I understand she is entitled to 50% of everything but is it possible that she could get more? or less because of the shortness of the marriage? There is a 10 year age differece between us if that makes any difference. Do the courts have a formula or is it just up to the mood of the Judge you meet?
 
who told you she was entitled to 50% of everything? You need to instruct a solicitor immediately and press to get the case heard in Circuit Court as soon as possible.

spouses are not entitled to 50% or indeed any percentage as a right. All cases are dealt with taking all factors into account. What did she bring to the marriage, add to the marriage, lose to the marriage? What contribution did she make to the household, the home, the marriage, the relationship? what caused the breakdown?

there is no simple solution to your problem.
 
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