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Do I have pay half if she makes more than me?

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Anonymous Asked:

Recently my wife has asked me for a divorce. I still live in the our jointly owned house with our 2 children and we share a bank account that the bills come out of. She is stating that I have to pay half the bills although she makes double the amount I do. Do I have to pay half during this separation period or is the amount I pay based on the percentage of income that is brought into the house hold? With my income much lower than hers I barely make ends meet this way.

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A Family Lawyer
6 years ago

Following a separation, the spouses no longer pool their financial resources together. If two spouses live under the same roof as separated, then each is responsible for their share of the expenses associated with the home. The other spouse is no longer obligated to pay the way for the couple. The share is not based on percentages of income, rather it is based on the fact that the spouses may own or occupy the home. The fact of one spouse being the sole owner and paying all the expenses, or the spouses being joint owners and sharing the expenses, is not helpful to moving forward with the separation. Inevitably, at some point the spouses will no longer live under the same roof. Immediately on separation, or sooner, it is best to consult with a family law lawyer. Early on, you want to review the parties incomes with a lawyer and consider the parties who have support obligations. As soon as possible the parties should enter into an interim without prejudice agreement to reflect which spouse will pay what.

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