Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can I still claim 1/2 his salary?

(35 Posts)
madgered Thu 31-Jan-13 15:01:18

I am a SAHM to 4 children aged 5 - 22. I haven't worked for 23 years. My husband wants a divorce. We are in the early stages getting our financial statements together. I am terrified for my financial future. My DH has done some dodgy things.

He owes £1.9million in tax. He's been caught by the Inland Revenue for tax evasion. He earns £600 +K at the moment, some of which is going on tax repayment (A significant amount has already been saved, he knew he was going to be nailed)

My question is: Will I have to settle with half of what is left of his salary at this moment in time. Or will I be given 1/2 of what his salary will be after he's paid off his tax debt in a year's time?

Fairylea Fri 01-Feb-13 19:18:46

If cooking interests you can I recommend doing a food hygiene course? I have worked in catering for many years and this will make you more attractive to employers. It would most likely only take a day and you can even do it online.

babybarrister Fri 01-Feb-13 22:06:59

It sounds like you have been incomplete advice - if he owes so much is there not a chance he will be charged with tax evasion in which case he simply will not be earning as he might be in prison? In addition, the HMRC will take their money first and out of the whole pot as they are very unlikely to accept that you have not indirectly had some benefit out of the taxes evaded - as a non earning spouse you were reliant on his income and so if he had more because he was not paying tax, you were also benefitting. Is you solicitor a member of Resolution? are they a specialist in relation to divorce and insolvency?

OP, this isn't meant to be insulting but: if your husband's income derives from criminal activity then it may all be siezed, and if he is sent to prison he won't be able to earn anything much. I suggest you look into what benefits you would get as a single parent (and if you currently have any valuables in the way of jewellery, other than heirlooms or whatever, that you sell them and stash the money.)

NatashaBee Sat 02-Feb-13 01:55:01

I would not assume you will get any of his salary. For all you know, as others have said, his assets could be seized or he could be sent to prison. I would work on getting a job and becoming self sufficient, so you know you can manage without him if needed.

It is possible to claim spousal support if your ex partner is a high earner - but I think the tax issue muddies the water somewhat, HMRC generally come at the top of the creditor list

Fairylea Sat 02-Feb-13 04:53:57

Exactly re last few posters.

I also really don't think you can assume this is the only thing he's done wrong with regards to money. You say you are sure it is - how can you be sure? This is a man who has cheated on you and lied with regard to taxes to the tune of two million - I don't think you can be so sure you know him at all.

I also hope that this income isn't purely self employed as if hes anything like my ex he will suddenly claim his income is nothing like what you think it is and you won't be claiming much of anything at all .

If you're really unlucky he will sod off to the USA like my ex and you won't be able to trace anything or even work out what bank accounts he has or anything.

The joys of being married to utter shits.

PatriciaHolm Sat 02-Feb-13 16:26:07

You need to take what your solicitor says with a realistic view. Your solicitor is working to get you the best deal, and he/she may have suggested "you'll get" half his income, but its just that, a suggestion. There is no law to determine that you get that. His solicitor is likely to laugh in at the suggestion. If you can't agree, it will go to court, and you are very very unlikely to get that in court.

If your husband is self employed, there are many many ways he could make it look as if he earns significantly less than he does.

With 23 years of non-earning marriage and school age kids, spousal maintenance for some period is possible. It's not a ticket for life though.

You definitely won't get 50% of his salary. 50% of marital assets maybe, but not salary. You will get child maintenance, and to start with personal maintenance, but this will probably be for an agreed period only to allow you to get a job and become financially independent.

As to what you will get, you will have to fill in very detailed report of expenditure, which the court will look at and decide whether your demands are reasonable. This document together with the court view will be the basis of negotiations between your and your H's legal team.

I was advised I could expect full personal maintenance for 5 years (after 12 years marriage). I thought that was fair. Your ex is not a meal ticket for life.

greenfolder Sat 02-Feb-13 17:08:32

You would presumably get around 45k pa based on 15 percent of take home pay, for 13 years. Plus marital assets and some spousal support. I think I would push for a lump sum instead of ongoing support in the circs

Numberlock Sat 02-Feb-13 17:11:20

I appreciate it's scary thinking about returning to work after 23 years but I think you need to focus on that and not use your children as an excuse. Working, whether paid or voluntary, will give you independence, increased confidence,less thinking time, opportunities to make new friends and to take control if your own destiny rather than relying on someone else. Yes he should support his children but I don't think it's his role to support you for the next 13 years till the youngest is 18.

riveroise Mon 04-Feb-13 03:16:22

If he's dodgy, and has been evading tax on such a massive scale, I would not count on him for anything to be honest.

50% of nothing is still nothing!

I would be looking very carefully at your assets, and seeing who owns what legally, so that when the HMRC demand payment, you know where you stand.

Look to securing a roof over you and your children's head, and paying household bills.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now