The breakdown of a marriage is really a traumatic and challenging process. You need to address so many things, such as family home, guardianship, financial support, property, debt division, and so on. In this case, naturally, couples have a lot of questions.
However, during the process of filing for divorce, maximum wives often wonder, “does my husband have to support me if we separate?” Actually, it depends. In many cases, in the event of a legal separation, a spouse may be entitled to spousal maintenance if one party is unable to support themselves.
But, that’s not all; there’s many more to it. And, today we will discuss this topic in this guide. So, let’s get into this guide.
What Is Spousal Maintenance?
Under Irish law, there is a clause in a separation agreement that stated that-
“The spouse/civil partner can apply for a maintenance order. And a court will consider this application, particularly if the circumstances of the parties have changed or the spouse/civil partner who executed the agreement did not have legal advice at the time.”
Usually, the maintenance is provided to a wife for her own benefit and/or a dependent child’s benefit. Here, the child must be under the age of 18 or 23, and the child should be in full-time education.
Note: While applying for the maintenance order, both the husband and wife must disclose their finances to the court. After that, the judge will evaluate and consider the family’s circumstances and make the maintenance order.
Does My Husband Have To Support Me If We Separate?
Husbands and wives need to support each other as there is a legal responsibility to maintain the dependent spouse even if they are separated. And when it comes to spousal maintenance, it is not a matter of the husband supporting his wife only, a wife can also take responsibility or support the husband if necessary.
However, if you are thinking, does my husband have to support me if we separate? Well, it depends. When you and your husband are separated, you can make an informal agreement regarding maintenance. If both parties are fair and reasonable, then the spousal maintenance agreement can work well.
To assess the maintenance cost, you need to consider several things like your actual expenses on a weekly, monthly, or any other basis. In that case, you may find it really difficult to access this information informally.
That’s why it is always recommended to hire a family law solicitors Dublin to get help. In addition, you can get the help of a solicitor or mediator as a negotiator of an agreement. If you and your husband consent to the agreement both of you can sign the agreement. Then, if the court finds it adequate for the persons involved, this agreement can later be turned into a court rule.
What If The Husband Does Not Agree To Support Or Maintenance?
In case your husband doesn’t agree to the spousal maintenance agreement, you can apply to the court for a maintenance order. But, you need to make sure that you are eligible for legal aid. If the husband is employed or on a private pension and still fails to comply with the court order, then an attachment of earnings order can be sought from the court. If you want, you can represent yourself.
The Civil Law (Miscellaneous Provisions) Act 2011 empowers the district court to consider the failure to comply with a court order by a spouse / civil partner as contempt of court and to deal with it accordingly through imprisonment.
Final verdict
In Ireland, there is no legal formula to calculate the maintenance amount. If both parties agree to the maintenance agreement or payment between them the process will be easier.
Or, if there is a disagreement between the husband and wife regarding the agreement, then the court will decide what should be the payment. In that case, the court will consider the earning capacity, total income, property, and other financial resources of both husband and wife.
So, this is all for does my husband have to support me if we separate? We hope you get what you are looking for. Still, if you have any further queries, please let us know by commenting below. Or, for any kind of help related to maintenance support, feel free to contact us.