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Original poster

Divorce Settlement

89 replies

DinosaurCity · 28/04/2024 20:42

I am seeking legal advice but I was wondering if anyone could offer some knowledge if you’ve been through a similar situation.

My wife and I separated last year. She was the bread winner and could work from home as she is S.E so we decided I would take paternity leave and spent 11 months at home with our daughter. Only earning SSPL.

So I earn approx £20/ph working 34 hours per week and she can earn a minimum of £60 all the way up to £200/ph working 4 days.

She wants us to take a 50/50 split in the divorce application. But I believe this would be an unfair split.

We are going to co-parent our daughter 50% of the time each.

Does anyone know if she will be expected to contribute in anyway give what she earns in comparison to me, or have a general idea if going for more in the divorce is realistic and if so, what did people if you had a similar situation were you awarded/ and or agree with your spouse.

Thank you in advance for your help and advice.

OP posts:
mitogoshi · 28/04/2024 21:10

How long were you out of the workforce, and were there any other significant sacrifices you made for your ex's career ... these are factors in how the equity and other assets are split. Does she have a pension, do you?

Spousal is highly unlikely unless it's a very high income and/or you made significant sacrifices with your career to support hers eg I was a trailing spouse while he went job to job, including in places i wasn't allowed to work due to visa restrictions.

Original poster
DinosaurCity · 28/04/2024 21:09

Scarletttulips · 28/04/2024 21:00

You won’t get a payment.

You may get half the equity of the property.

But your earning power is no longer your wife’s responsibility.

Thank you for your advice.

I understand about not getting a payment. As for the equity. I'm unsure why you say I may get 50%. Is there a reason you think I wouldn't?

OP posts:
AnsaDivorceSettlement · 28/04/2024 21:08

@DinosaurCity

Use Section 25 Factors to work out the split as this is what the court use. https://www.legislation.gov.uk/ukpga/1973/18/section/25

First there full financial disclosure.
Look at Form E. Both parties complete one, attach documents and exchange. This includes income and assets e.g. savings, stocks and shares, pensions, and property etc. It is a legal requirement to exchange full and frank disclosure.
The assets are valued e.g. property by surveyor or estate agents, for pensions the providers send a cash equivalent transfer value on request, and parties can use an actuary to do a pension on divorce report showing what a 50/50 or other percentage split would be in capital and income.
Once all assets are disclosed and valued, negotiations can happen. Section 25 Factors are used to decide the split. A mediator can be used if appropriate (not if domestic abuse is a factor for example).

More info here:
https://www.advicenow.org.uk/divorce-and-separation

Original poster
DinosaurCity · 28/04/2024 21:07

thanKyouaIMee · 28/04/2024 21:03

Can you upskill / change jobs to earn more? Will you get ££ from the house?

It's not up to your ex to pay spousal support to maintain your lifestyle or to match the lifestyle your child will have at your house with their house.

You living your life "worry free to some degree" isn't the responsibility of your ex. You'll need to figure it out yourself.

Is this from your experience of a divorce please? There are expectations around these things so that's why I'm asking from anyone that has been through similar.

OP posts:
thanKyouaIMee · 28/04/2024 21:03

Can you upskill / change jobs to earn more? Will you get ££ from the house?

It's not up to your ex to pay spousal support to maintain your lifestyle or to match the lifestyle your child will have at your house with their house.

You living your life "worry free to some degree" isn't the responsibility of your ex. You'll need to figure it out yourself.

Original poster
DinosaurCity · 28/04/2024 21:02

Octavia64 · 28/04/2024 20:53

There are a number of factors that tend to get looked at when splitting the assets of a marriage.

Length of marriage, housing the child(ten) with both parents etc etc.

Earning power of each parent isn't generally a major factor unless one parent is severely disabled and cannot work.

As you are separated and you say she is in the marital home, where are you living?

Would you want to be bought out or would you want to try to keep the marital home for you?

The martial home is being sold. Both currently living in the home as I have no family to stay with.

Married 10 years. Have two cars. Some savings in an account. Nothing else.

OP posts:
Original poster
DinosaurCity · 28/04/2024 21:01

Pineapplewaves · 28/04/2024 20:56

I think what you are asking about is "spousal support" which is where your ex would pay you a monthly sum so you can continue to live the lifestyle you became accustomed to when you were married. I think these payments are very rare now but you could check with your solicitor.

As you are both having your child 50/50 neither of you are due to pay the other any child maintenance.

I know neither of us would have to pay child support as it's a 50/50.

I know about spousal payment and again I don't think I'd be entitled to that. I am curious if anyone has been in similar situation and what the outcome might have been?

OP posts:
Scarletttulips · 28/04/2024 21:00

You won’t get a payment.

You may get half the equity of the property.

But your earning power is no longer your wife’s responsibility.

Original poster
DinosaurCity · 28/04/2024 20:59

NerrSnerr · 28/04/2024 20:47

Why do you think it's an unfair split? What are you proposing? What do you think is best for your child?

Thank you for your reply. I think it's unfair because after all my outgoings I'm left with very little disposable income meaning I won't be able to provide the same level of lifestyle for my daughter. I can make changes needed but it will be financially difficult. I'm not asking for loads more, just enough so I can provide for my daughter without worrying each month. I'm willing to make any sacrifices needed but equally I want to be able to live worry free to some degree.

OP posts:
Pineapplewaves · 28/04/2024 20:56

I think what you are asking about is "spousal support" which is where your ex would pay you a monthly sum so you can continue to live the lifestyle you became accustomed to when you were married. I think these payments are very rare now but you could check with your solicitor.

As you are both having your child 50/50 neither of you are due to pay the other any child maintenance.

Octavia64 · 28/04/2024 20:53

There are a number of factors that tend to get looked at when splitting the assets of a marriage.

Length of marriage, housing the child(ten) with both parents etc etc.

Earning power of each parent isn't generally a major factor unless one parent is severely disabled and cannot work.

As you are separated and you say she is in the marital home, where are you living?

Would you want to be bought out or would you want to try to keep the marital home for you?

NerrSnerr · 28/04/2024 20:47

Why do you think it's an unfair split? What are you proposing? What do you think is best for your child?

Original poster
DinosaurCity · 28/04/2024 20:46

WishItWasDifferent25 · 28/04/2024 20:44

No, I don’t think so if you are sharing care 50/50. She won’t be expected to pay more to you, though I suspect she will likely cover more of the day to day expenses eg uniform? What about assets etc?

Thank you for your reply. When you say you don't think so, is that because you've been through similar or because you know the expectations of a divorce when one earns more than the other.

OP posts:
WishItWasDifferent25 · 28/04/2024 20:44

No, I don’t think so if you are sharing care 50/50. She won’t be expected to pay more to you, though I suspect she will likely cover more of the day to day expenses eg uniform? What about assets etc?

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