What % of his salary am I likely to be entitled to?

[pinkypig]

Just beginng the process of divorce on the grounds of his adultery (hidden for 16 months).

We have 4 children aged 6, 4, 2 and 10 months.

We have no investments, no property, nothing (he was shit with money and spent quite a bit on OW).

He is offering me 62% of his income plus 50% of any bonuses he receives. What about his pension, am I entitled to that. I am 40 this year and gave up my career to have our family.

Do any of you have any experience of this. 62% of the pot when I will have 5 people to pay for seems low. I was thinking more like 69%. Any thoughts?

We are about to start mediation but I wanted to just ask if anyone here had any experience or advice.

Thanks

[colditz]

You're entitled to 25% for the kids, don't know for you

[toosoppyforwords]

I'm not a lawyer - have you posted in legal?

For the children i think its 25% (or is that 30% - someone will confirm). With regard to you, while its likely that you will get some spousal maintenance for an interim period (couple of years maybe until your youngest is at school perhaps?) i dont think this is generally the case on a long term or permanent basis anymore. I certainly dont think that you can presume to not have to work ever. I think the presumption is that a woman can and should support herself....you will definitley need to seek advice on this.

You should be entitled to a share of his pension - amount would depend on ages and how much has accrued during your marriage i think.

Has he a large income? How will you both house yourself? Can you stay in your current property with 60+% of his income (btw based on average salaries i think that is high!) Can he afford to get a mortgage (or rent somewhere) after giving you that % Can you claim any assistance with rent ?

How long were you married and did you work before hand?

[pinkypig]

Married for 8.5 years. I worked before.

[Collaborate]

You shouldn't ask questions like this on sites like this.

The temptation would be to rely on what responses you get. Anyone worth their salt wouldn't be able to answer your question beyond what Colditz has posted. I tend to need at least an hour of a meeting with a client before I can form an initial view.

You'll be taking a big risk to rely on the advice of someone who isn't qualified, and you have no way of assessing what qualifications a poster has (though someone who is qualified as a lawyer can usually tell the good advice from the bad).

[yellowhousewithareddoor]

60% is rather unusual isn't it?

[rottenscoundrel]

this is a good guide to read but it's long :). Yes the figure is roughly 25% for kids

www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf

[toosoppyforwords]

I would post in legal. Agree with Collaborate and most will give your their own view on what they think is fair-not necessarily what you are legally entitled to.

My post was to illustrate that it is probably unlikely that you would get a long term maintenance for you so maybe start thinking about this and how you plan for it if that happens

Seek proper legal advice.

[pinkypig]

Thanks all. I was just testing the water really as am sitting here waiting for my solicitor to get back to me. Thanks all.

[lottie63]

Sorry to hijack but ... Is that all? 25% for children. It doesnt seem much at all.

[colditz]

No, it isn't much. I get 40% a week for two children, the ex bitches like hell about it, and it doesn't supply even a quarter of what they need, but nevertheless, he will never give me any more.

[colditz]

Not 40%, £40!

[Collaborate]

25% of income is a lot. An absent parent will have to provide for their own housing as well . For 2 parents on identical incomes the parent with care's income will exceed the absent parent's income by 50% of income.

[colditz]

25% of income does not cover half the raising of three children, and therefore is NOT enough.

[Mosman]

25% is a joke, I've got him to agree to a third of everything that we both pay into a pot to raise the 4 children.
I don't want spousal support though.
I've also agreed to 50/50 on everything including the access arrangement do that my career isn't damaged any further and he has childcare to arrange for the first time.
Don't agree to any crap about pension accrued during the marriage either, it's an asset he could not have built up whilst raising a family with you, that's 50/50 too in my opinion