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Spousal Maintenance

  • 27-10-2010 6:56pm
    #1
    Registered Users, Registered Users 2 Posts: 301 ✭✭


    Hi guys,

    not looking for personal legal advice here but wondering about legal rights. If a well-off couple divorce due to the husband's infidelity and mental-breakdown (including a HSE sectioning) would he be entitled to NOT pay mainenance to his deserted wife? The wife has no skills, no education, in her early 50s and very little savings. The couple are worth around 1.3 million.

    I've been looking everywhere but can't seem to find proper rights.

    Thanks,
    R


Comments

  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Hi guys,

    not looking for personal legal advice here but wondering about legal rights. If a well-off couple divorce due to the husband's infidelity and mental-breakdown (including a HSE sectioning) would he be entitled to NOT pay mainenance to his deserted wife? The wife has no skills, no education, in her early 50s and very little savings. The couple are worth around 1.3 million.

    I've been looking everywhere but can't seem to find proper rights.

    Thanks,
    R

    In a divorce the Court makes provision for each party based on the amount of money available and the reasonable needs of each party.


  • Registered Users, Registered Users 2 Posts: 301 ✭✭theredletter


    In terms of mental health would more control possible be transferred to the wife due to the husband? The husband has a bipolar disorder and is spending well beyond his financial means. Could the courts look into that?


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    If he is so mentally impaired that he can not conduct the divorce/separation proceedings then a guardian at litem could be appointed to take the case for him.

    If he is seriously mentally impaired as to not be able manage his affairs, Wardship proceedings can be taken.


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