My husband is having an affair but won't admit the adultery, can I still divorce him and how will I cope financially?

Article

13 May, 2010

I have just discovered my husband is having an affair. He won't admit it, but he has been behaving suspiciously for the last few months, and now he says he wants a trial separation. We have two children, both at primary school, a house with a mortgage which is jointly owned, I am only able to work part time because of the children, and my husband works full time on a decent income.

  • If you are absolutely certain that there is no prospect of reconciliation with your husband, it may not be necessary to seek a divorce on the basis of his adultery. If his behavior has been such that you "cannot reasonably be expected to live with him", then you may cite this as a reason for your divorce.

In most cases, the reason for the breakdown of the marriage is not relevant to the financial aspects of the case.

  • You are understandably concerned about coping financially in the event that your husband leaves the property. If you are working 16 hours or more each week, you may be eligible for working tax credits and child tax credits which will boost your own income, you will also receive child support from your husband in a sum equivalent to 20% of his net pay. This will be in addition to the wages you receive from your part time work, and also in addition to child benefits. If, after you have claimed the total you receive from all of these sources it is still insufficient to enable you to maintain the outgoings in relation to yourself and your children at the home, your husband will be expected to contribute a further amount over and above the child support level, if he is able to do so after taking into account his own separate living expenses. This would possibly be for a limited period only until all of the financial aspects of the divorce are resolved. This interim financial provision is often referred to as "maintenance pending suit". In many cases, parties can agree the extent of this financial provision without the need for a formal application to the Court.

Once you and your husband are in agreement about how the outgoings in relation to the home are to be maintained in the meantime, you can both concentrate on resolving the question of ownership of the home, payment of any lump sums, pension transfers and so forth.

For a free consultation please contact or our team of Divorce Solicitors on freephone 0800 689 1058 or by email.

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