Victoria, 58, from Surrey, has been married for 15 years and discovered her husband has a separate bank account he used to pay for escorts. She says she is devastated and feels trapped between the betrayal and the fear of losing her comfortable lifestyle, which includes two properties and multiple holidays a year.
Advice from consumer champion
Sarah Davidson, Metro's consumer champion, says: "You have suffered a profound betrayal. Twofold. The man you trusted has been living a secret life; both financially and physically."
Davidson advises that a divorce would not leave Victoria destitute. She notes that after a 15-year marriage, the starting point for dividing marital assets is a 50/50 split, regardless of who earned the money. The court views breadwinner and homemaker as equal contributors.
Financial disclosure and hidden assets
Davidson warns that if her husband hid one account for four years, there may be others. In divorce proceedings, both parties must complete a Form E financial disclosure document. Hiding assets on Form E is an offence punishable by up to seven years in prison and/or an unlimited fine. She recommends hiring a forensic accountant if hidden assets are suspected.
However, Davidson also offers a dose of reality: while Victoria is entitled to a fair share of marital assets, she will likely have to adjust her lifestyle. The court will ensure reasonable needs are met, such as housing, but not fund multiple holidays abroad each year.
Children and spousal maintenance
Victoria's sons are over 18, so her husband has no legal obligation to continue supporting them. She may receive spousal maintenance for a transition period, but courts increasingly favour a clean break, meaning she may need to return to work.
Legal relevance of escorts
Davidson states: "Morally, his behaviour might be reprehensible to you. Legally, it is largely irrelevant." Since no-fault divorce was introduced in 2022, courts do not punish 'bad behaviour' financially unless it has dissipated marital assets. The money spent on escorts is gone, and a judge will not award Victoria a larger share of the house due to infidelity.
"Victoria, you are not trapped," Davidson concludes. "You have significant legal rights and entitlements built up over a 15-year marriage. But freedom has a price and, in your case, that price will be a change in your standard of living. You have to decide which is more valuable to you: Caribbean holidays or your self-respect."
