Finances in divorce - at what point do you walk away?

[fingerbiter]

Acrimonious divorce currently underway and the finances is a sticking point. We sold the house when we split last year but he refused to settle for anything other than 50/50. I'm main carer for our DC, earn less, smaller pension etc but I was backed into a corner and we would have lost the house sale if I hadn't have agreed.

Now I have a solicitor who says the split should have been 60/40 as the current situation means he can afford to buy a much bigger, nicer home than I can (I won't not be able to buy at all). So my solicitor has written to his basically asking for a lump sum (25k) to balance it better and we will write off the finances as a result. A deadline was given and they've completely ignored us.

Now I have to make a decision about where to go from here. Potentially by taking him to court I could lose more than I'll gain, and my fear is by doing that I'll ruin any chance of buying a home. But is taking him to court worth it? Any advice?

[DeoGratias]

The question is is the 10% you are fighting over a lot more than the legal fees you'd spend to get it? If not then in most cases 50% not too different frmo 60% and not worth fighting over.

[QuiteLikely5]

if you were talking 100k is say do it but after court fees have been taken from that 25k I bet there wouldn't be much left so for the sake of your sanity you should maybe let it go.

I do agree that he has walked away better than he should have but it's done now. Money ain't everything.

[Akire]

Sounds like the cost may be to high to you to take to court. When you said he can buy a bigger house, how much?
You would think that if he needs a one bed and you need at least a two bed then % would have enable you to do that.
If you will use up all that capital in renting and be lived with zero because you are a carer and earn less then I'd be asking for more maintence at least.

[mineofuselessinformation]

Talk to your solicitor about forcing a settlement in court and get an idea of costs - you don't need a barrister, but obviously your solicitor will charge for their time (I paid for five hours, but my XH was playing silly sods - and ultimately I got what I wanted for my dcs.)
If it's worth it, go for it - you'll get 50 / 50 anyway.

[Mrskeats]

Does he have a much bigger pension than you?