I resigned from my job after we mutually agreed with my husband that it would be good for our two children who are below ten years old if I stayed at home to look after them. But for two years now, my husband of 12 years has turned violent and abusive.
I am contemplating moving out with the children before filing for divorce. Can I – as a stay at home mum — move to court seeking orders for him to support the children and I?
Nereah, Mombasa.
Dear Nereah,
It is possible to ensure that your husband supports the family pending the final decision on your divorce suit. You lawyer must apply for an order of alimony, which will not be in excess of one fifth of the average income of your husband over the past three years. Alimony is an allowance paid to a spouse by the other spouse following an order by a court of law upon legal separation, divorce or while the case is pending. Before the court rules on the divorce, it may order your husband to pay you an amount of money monthly, weekly or annually for maintenance. However, should you get a job before the judgment, the court will consider your income and the ability of your husband to pay alimony. Generally, courts take into account several factors before settling on the amount of maintenance paid to the wife. For instance, the standard of living of the family before divorce, income of each spouse, conduct, ages or whether either party has remarried and has children.
The other considerations are whether a party wastes money awarded to them and financial positions the parties would have had had the marriage not hit the rocks.