What if my ex squanders money on gambling or drug taking to avoid paying what s/he ought to pay?
If a party is proven to have spent significant sums of money on gambling and/or drug use it is possible to claim what is known as an ‘add back’.
Proof of gambling is usually obtained from bank statements. Regarding drug use, text messages can often be a source of evidence.
An add back works like this: say the assets are split 50/50. There is the former matrimonial home which has a value of £400,00 and the husband has savings of £100,000 which have been reduced to £60,000 due to gambling.
The add back would be:
| Husband | Wife | ||
| Former matrimonial home | £400,000 | £200,000 | £200,000 |
| Savings | £60,000 | £30,000 | £30,000 |
| £230,000 | |||
| Add back | £40,000 | ||
| Settlement | £270,000 | £230,000 |
To achieve a fair 50/50 split taking into account the add back:
| Husband | Wife | ||
| Former matrimonial home | £400,000 | £160,000 | £240,000 |
| Savings | £60,000 | £30,000 | £30,000 |
| Settlement | £190,000 | £270,000 |