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Financial Responsibility During Separation: Paying the Bills Until Divorce

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Published on 28 May 2024 by Amar Ali - Director and Solicitor
Updated on 24 July 2024
Financial Responsibility During Separation: Paying the Bills Until Divorce

During the process of divorce or separation, the financial obligations and responsibilities of both parties always continue until the divorce is finalised and new financial arrangements are agreed. In other words, any household bills that were being paid while married must still be paid in the same way as during the marriage.

Financial responsibility during the process of divorce means that you must continue to pay any mortgage or rent payments, utility bills, or council tax payments as normal. This also applies to any joint debts (e.g. car loans and credit card debts) that you both owe because, as far as lenders are concerned, you are still obliged to make any payments as normal regardless of your personal circumstances. For this reason, it is important to discuss any outstanding debts with your ex-partner as soon as possible and come to an agreement on how they will be paid between you.  

What if your wife or husband refuses to pay the bills during a separation? 

During the process of divorce, if your husband or wife refuses to contribute to your joint household bills or repay any debts, you can ask the family court to intervene. If the court agrees with you, they will issue an interim financial order such as a Maintenance Pending Suit. A Maintenance Pending Suits (MPS) will legally require your ex-partner to contribute to the household bills while your divorce is proceeding. In addition, the court may also take into consideration their failure to pay the bills and reduce their overall share of the final matrimonial pot.  

Another option in this scenario is mediation. However, this requires the cooperation of both parties. During mediation, a specially trained mediator will help you to find a resolution to your financial disagreement without the involvement of the court. This can be highly effective in cases where both parties are willing to discuss the matter at hand.  

It is important to take action if your spouse is not paying their fair share of the bills during the divorce process and you cannot afford them on your own. This is because if you do not pay your bills, you may face consequences such as late repayments, penalties and fees, County Court Judgements (CCJs), action by debt collectors, and a reduced credit score.   

Does a husband have to support his wife during separation? 

No, your husband or wife is not legally required to give you financial support before your divorce is legally finalised. This is because there is no legal requirement to pay spousal maintenance during separation as this is usually agreed on after the divorce.  

While your ex-spouse does not have to provide you with financial support during the divorce process, they must still meet the needs of any children you have together (e.g. clothes, food, and school fees). As far as the family courts are concerned, the needs and best interests of any children are paramount during divorce. As such, they expect both separating parents to pay their fair share of any costs for their children before a formal settlement is reached.  

It is also important to bear in mind that if you are struggling financially during the divorce process, it may be possible to reach an agreement with your ex-partner for short-term interim financial maintenance while working out the details of your financial settlement. Interim maintenance support is the temporary payment of money by one party to the other during and up to the end of the divorce process.  

Can you claim benefits during separation? 

Yes, if you need additional financial support after divorce while waiting for a financial settlement to be finalised, you may be able to claim certain benefits or discounts, including: 

  • Council tax discount (if you are now the only adult over 18 living in your home) 
  • Income support 
  • Disability living allowance 
  • Child benefit 
  • Universal Credit 
  • Housing benefit 
  • Discretionary housing payments 
  • Energy schemes 
  • Water schemes 

If you need help with paying your bills, don’t hesitate to speak to any providers and companies you deal with. In many cases, they will offer assistance and other ways to pay, which will remove the pressure from your shoulders until a final financial settlement is in place.

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