Evidence Req'd- Retaining Right Residence Following Divorce

[Lola76]

Hello,
I have scoured the web and this board for an answer on this but my situation seems to be a bit different. Will try to be as brief as possible.

Background:
North American non-EEA national married to EEA national since 1999
We both moved to London in 2006
I was granted leave to remain EEA2 in 2007, and once again in 2009 following theft of passport, so expiry now 2014
Divorce proceedings not yet initiated.

I understand that the Decree Absolute would need to be issued prior to applying but my EEA-national husband has not been working, therefore evidence of exercising treaty rights is an issue and I understand how critical this point is.

We basically came to UK as my husband wanted to set up a branch of his French company here. This turned out to be a complicated and lengthy process that in the end he ditched plans to open the company here. I found a job here with an investment bank first and this salary + joint bank account and joint private comprehensive health cover seemed to qualify him as economically self sufficient for the purposes of me obtaining an EEA2 leave to remain.

He still isnt working and basically living off my income. He has been repeatedly unfaithful to me and I would like to get a divorce, but am unclear if this evidence be sufficient :
- a council tax bill in both our names at time of divorce proceedings
- bank statements in both our names (savings+CA)
- evidence of comprehensive health cover for both of us

What else would they ask for? Seems like payslips is most commonly mentioned but he clearly doesnt have these.

Your help much appreciated ! I realise I would need a solicitor.

[Lola76]

Anyone ever retained rights on self-sufficiency of EEA national partner? Seems like payslips/P60s are the usual evidence of exercising treaty rights.

Just wondering if HO would require more evidence than bank statements + comprehensive sick cover at time of initiating divorce through to Decree Absolute?

Any insight very much appreciated !

[Lola76]

What concerns me specifically is that I read on this forum elsewhere that I would need the following for my husband:

Proof of them exercising treaty rights DURING DIVORCE i.e. from initiation until grant of decree absolute (VERY IMPORTANT)

If he is still exercising treaty rights though self-sufficiency (via my income), is it enough to just provide bank statements + comprehensive insurance in his name dated for the period during the divorce?

The only other "official" document I have of him living here is the council tax ! His name is no longer on the estate agents' tenancy agreement !

I just feel like the evidence of self-sufficiency was enough to be granted RC while married but that HO will want more if in the context of divorce/retaining rights.

Please help if you can.