extramarital affairs

[espresso]

A friend is seeing a married man who is going through divorce proceedings. They intend to move in together after a suitable period of time. Can her earnings be taken into consideration when deciding on division of marital "pot" and/or maintenance?

[Pippa68]

My answer would be yes and no.

With regards to financial settlements, the man will have a 'buffer' in respect of his current partner therefore that may be taken into account.

If there are children involved and the CSA asked to make an assessment for maintenance, they apparently don't take new partners incomes into consideration (under the new rules)

However I am a bit dubious about that one! the best thing to do would be to ask a solicitors advice ~ however the soon to be ex wife can ask for things to be considered and may well succeed, especially if her husband left her for another woman. Spousal maintenance is also available to her...if she asks. Not many people do, but in Mr Pippas experience it does happen..much to his disgust.

[lady_p_gold]

During divorce proceedings they do ask you if you intend to cohabit with anyone or if you are in a relationship. Also, if someone receives a marriage settlement and they remarry soon afterwards then the settlement can be challenged if it was all kept a secret. So it could have a bearing on things but best to ask a solicitor as previously stated.