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Maintenance

  • 09-04-2005 3:08am
    #1
    Registered Users, Registered Users 2 Posts: 484 ✭✭


    Just wondering if anyone knows if a wife(ex) is entitled to any kind of maintenance after a seperation/divorce.
    I was under the impression that there is a division of assests and maintenance only comes into it if there are children involved.


Comments

  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    I get the impression children are the most important factor, but family law tends to be fairly hush-hush here (there are plans to introduce a more sensible approach).

    However, there may be cases where it is perceived that one party or the other gave something up (usually career) for the marriage and are entitled to recompense, but I suspect this is rare outside the situation where children are involved. One such instance would be where a woman gave up her job in the 1960s to run the family home (which at the time was the norm) and is now being divorced in her fifties and is struc turally unemployed.


  • Registered Users, Registered Users 2 Posts: 5,523 ✭✭✭ApeXaviour


    You are correct. Half your stuff is hers however. Mainaintance is only required with children..

    I'll leave it to more knowledgeable (ie more sober) people like kappar to answer you. pm him actually


  • Registered Users, Registered Users 2 Posts: 484 ✭✭Shewhomustbe...


    I had heard a solicitor on the tv saying that things were only settling and maintenace was an issue still in the works so for now its a 50/50 division of assests (with maintenance only for the children involved)

    Since it was the norm pretty much up until the 80's/90's for women to stay at home will getting maintenance become the exception rather than the rule?


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    ApeXaviour wrote:
    Half your stuff is hers however.
    Not necessarily half.

    I understand largely (a) what you bring to the realtionship remains yours (b) gains during the relationship are shared (c) balance and fairness is applied.


  • Registered Users, Registered Users 2 Posts: 484 ✭✭Shewhomustbe...


    If both married quite young and all gains were made during the term of the marriage could we say (for the sake of arguement and leaving aside any rulings) that it would be 50/50 with no maintenance (except fir children)


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  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    We're not lawyers and given the secrecy involved in family law cases, we don't know.

    "Go to lawyer".


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