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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

DH's ex wife spending divorce proceedings like water

269 replies

TwattyvonTwatofTwatsville · 19/09/2017 18:03

Back story.. after a very long and protracted divorce (drawn out by the ex wife) and huge legal bills, my DP's ex was awarded, reluctantly by the judge ALL of the proceeds of sale of the marital home. This was in order for her to clear her CC debts she had run up and buy a house outright for her and their two children. The ex has made no effort to get a job in the 4 years since they had separated (despite the chiidrrn being in their teens) so had no mortgage raising capacity whatsoever. Although the judge criticised her for this, the priority was housing he children, and rightly so. DP kept his pension but nothing 'liquid'.

I don't have an issue with the ruling, however the marital home has finally sold, almost 18 months after the divorce was finalised, she has a substantial amount of money in the bank, but the town she lives in and wants to continue to live in is expensive. The money left is enough, just, to clear her debts and buy a modest 3 bed house outright. But she has chosen to move into an expensive rental, buy a 20k car and started booking holidays. She continues to ' work ' in her own, loss making business and has never attempted to get a real job so still can't raise a mortgage.

By our calculations, given what she has spent already she now won't have enough to buy anything. If she stays in her very nice rental for the next year she will have spent 18k on rent in a year and this will further scupper any chance she will have of buying a house for her and the kids.

My question is, does DP say anything or is it none of his business? It is his children's chance of a secure home and inheritance that is being jeopardised, then again, she is a grown woman so should he keep his mouth shut and let her make her own mistakes?

It is worth noting that she is both totally rubbish with money and obsessed with outward appearance- clothes, cars, to be seen to be doing well is very important to her.

OP posts:
Jessikita · 20/09/2017 18:36

I disagree with all of the posters that say it's not his business.

If he was working for the majority of the marriage he would have contributed a substantial amount if not all of the money to the house and probably intended for it to pass to his children.
The Judge even directed her to buy a house for the children to provide a stable home so to watch his ex wife fritter the money away on crap and tat etc instead of buying a new home for his kids and using their inhertitamce must be very frustrating.

TwattyvonTwatofTwatsville · 20/09/2017 18:38

Where have I said that I feel the ex wife got a better deal in their divorce than me? I have never said that - what she got in her deal and what I got are nothing to do with each other. I am not comparing, never have and I am happy with my own divorce settlement. Confused as to where you have drawn that conclusion!

I am not naming sums but his pension pot was approximately 40% of the joint assets and the house equity 60%.

The global maintenance figure does contain an element of spousal, though the bulk is CM.

OP posts:
Celp28 · 20/09/2017 18:38

I really hate it when people say as a step parent 'it's none of your business'. True I expect the ex wife would say this to you if it were you that broached the subject with her, but I'm pretty sure by posting on here for opinions you are sharing people's views with your dp who does have every right to ensure his children's inheritance as he has paid toward that by investing in the original property. What world do we live in where step parents are still portrayed as the wicked queen?!? When you chose to spend your life with your dp one would assume you did so knowing that your step children were part of the package. Families come in all shapes and sizes and i don't think anyone has the right to decide who can love a child and who can't.

So anyway, no you are not unreasonable to be concerned, not at all.

GeorgeTheHamster · 20/09/2017 18:49

It sounds as though she is hoping that her nice lifestyle and nice house in a nice area will enable her to attract another nice man to pay her bills. Let's hope she's right. (Or is she banking on inheritance?)

pollymere · 20/09/2017 18:49

Does your dp feel he should now have custody? Is she showing herself to be a bad parent? Then courts need to get involved. Otherwise, you both just have to stand back and shake your head sadly.

TwattyvonTwatofTwatsville · 20/09/2017 18:56

No of course he is not going for custody. She may be useless with money but she adores her kids and is a good mum.

OP posts:
TheFormidableMrsC · 20/09/2017 18:59

Celp28 The OP is not their step-mother, she is not married to him nor do they even live together.

Freddie1996 · 20/09/2017 19:03

Always 3 sides to a story....
Hers
His
The truth.... BTW - I'm an ex-wife!!!!

sleeponeday · 20/09/2017 19:04

OP does your DP have a large pension pot, roughly equal to the equity in the family home?

You seem to be saying that the judge noted in summation that the ex-wife has been extravagant and built up debt, and is worryingly unwilling to seek employment so as to become independent, but the children need housing, and as the wife has no mortgage-raising capacity the pension all went to the husband, the house equity to the wife, with ongoing maintenance to provide for kids and wife, who would not need to pay a mortgage and would be debt-free. This in an ideal world would house the kids in the shorter term, and also provide for both parties in older age.

Unfortunately you're saying the ex-wife is spending the money, and the OP is so you're worried she can run her way through it and then come back demanding that the ex-husband increases the money, yes? That your shared obligations to the ex will extend beyond the children's leaving home for university, which presumably he's happy to help with? Is that right?

I agree you need legal advice. It's all a bit messy isn't it.

It seems entirely possible that the judge worked on the basis that the pension and the house were the two big assets, that the ex-wife needed to house the kids, and that a house capable of doing so could provide her with the equivalent of a pension capital sum if she had no rent or mortgage and the spousal/child support was adequate. If there's no clean break, then the problem is that the pension and the earnings remain, while the ex-wife may end up without assets or income and so want another bite at the cherry, and it's anyone's guess on here as to whether or not she's likely to succeed. You need to get that clarified asap.

sleeponeday · 20/09/2017 19:07

Sorry, missed the last page clarifying the pension situation.

Really sorry this is all going on. It sounds worrying. And you sound perfectly nice to me - you didn't deserve a fraction of the kicking some gave you. This place can be bonkers sometimes.

TheFormidableMrsC · 20/09/2017 19:10

I maintain that the OP would be better off ensuring that her position and that of her children is protected if she is planning to move in with her partner.

marhav999 · 20/09/2017 19:13

Been there. Can do nothing about it. She will be back with a good excuse. This is very much a concern to your husband and of course you.

sleeponeday · 20/09/2017 19:14

Okay, I missed pages and pages here it seems - she has a maintenance order that ends when the youngest is 18? So won't get anything more after that? No continued liability from the ex husband?

I don't honestly understand, in that case, why her spending is anyone else's business.

sleeponeday · 20/09/2017 19:15

I maintain that the OP would be better off ensuring that her position and that of her children is protected if she is planning to move in with her partner.

Yeah, my browser missed pages and pages for some reason. I didn't know there wasn't even any cohabitation. I agree the ex-wife isn't her affair, except as it affects her own situation.

SerraiAriannai · 20/09/2017 19:27

Definitely not anyone's business except hers I'm afraid..
& a bit odd that you & your partner are actually sitting down and calculating her living expenses?? Surely that speaks volumes.. if somebody was watching you that closely wouldn't you feel rather uncomfortable about it? Especially if it is an ex husband and his new
(as in current) partner?
I would imagine that if I were able to buy my own house, it would take some time to find a 'forever home'.
I have known some take 7 years plus to find a house that is as close to being 'the one'(& not because renting is so appealing, as it is not )..
You say she doesn't work, but then you mention she spends her time working on her own 'failing' business ??
It sounds as if you both carry a bit of a grudge against her in truth, & if this is the case you're both probably better off letting it go, as it sounds as if it is eating you up from the inside out.
Get, into that sort of situation and she might start blowing money just to spite you both for your interference. Perhaps that is why she is spending it?
All I know is that I would feel extremely uncomfortable being watched (& judged) so closely as you & her ex husband are, in fact, I would feel deeply uncomfortable with whomever was paying such close attention to me.
Definitely time to let it go & just concentrate on your own lives

greeneyedlulu · 20/09/2017 19:36

Wow some cows on here tonight!!

It is your business because it's your partners business to know that his children are being taken care of!! They need stability and a roof over their heads so that should be the ex's priority, not flash cars and holidays!!

I can see this heading for trouble because as soon as she runs out of cash she'll be knocking at your door!!

GeorgeTheHamster · 20/09/2017 19:38

There will be a clean break as to capital, only the maintenance will be variable. Hopefully there will be a s28(1)A clause meaning she can't apply to extend the maintenance term beyond the next three years or so?

SweetIcedTea · 20/09/2017 19:40

A 60/40 split in favour of the resident parent doesn't sound unreasonable.

DoubleDinghyRapids · 20/09/2017 20:02

I understand why you're worried but I don't think there's anything you can do. If he knows his children don't have a stable home and their inheritance is reducing ashe's a high earner he will be taking steps to try provide that himself? I'm not saying I think he has to, but if it was me and I knew their was a good chance my children would be homeless I'd be using that three years to help towards housing them, either with myself or as they'd be 18, maybe a deposit for a rented home. If he can't legally control his his ex spends her money and he really feels they'll be homeless he can do everything he can to make sure they have a stable home with him.

You can do something about how you and dp handle joint finances when you marry though and I'd make sure that you and dp discuss wills etc before you marry to make sure you're both in the same page. Theres no right or wrong way to do wills re stepchildren but it can cause a lot of friction when one partner wants everything to be split equally between all children, and the other assumes they'll each leave their assests and half of joint assists to their own biological children. Things like your house, if it becomes joint then will he leave his children his half, so it's split between five children instead of three? Or would you want only your children to have it? Who currently benefits from his life insurance? Will he be adding you and your Dc?

BengalGal · 20/09/2017 20:17

If it's only for three years, I don't see such an issue. It is her business and of course you can worry, but it's really unlikely that she won't be able to house and care for the kids for three years on the proceeds, even with a nice car and vacations.

She might try for more later, but it's unlikely she will get it if it was already decided for only three years.

It seems a lot of angst that may not be an issue at all. The only person she's likely to hurt is herself, unless you count the inheritance for the kids, which is really a non issue.

StickThatInYourPipe · 20/09/2017 20:23

A 60/40 split in favour of the resident parent doesn't sound unreasonable

The OP has at no point passed judgement on what the exw was given, she has solely shown concern that the money not be frittered away instead of buying a house for the dcs to live in.

DrJo1 · 20/09/2017 20:28

I think it will depend on how the judgment reads. if the actual divorce order reads that your husbands ex must use the settlement to buy a house outright and pay her debts and she has failed to do so she will be in contempt of court by not doing this. Your husband should take legal advice about what to do.

TwattyvonTwatofTwatsville · 20/09/2017 20:31

Lots of posters have drawn attention to the fact that the youngest child will be 18 in under 3 years as though kids these days suddenly up and leave home and become independent at that age. Some do, undoubtedly, but lots don't these days - they still need housing and although we would have the kids if they couldn't live with mum I think it would be unbelievably sad if she couldn't provide a home for them where they both had their own room.

OP posts:
FaveNumberIs2 · 20/09/2017 20:53

None of your business, walk away from her.

If she scuppers all chances of providing a home for her children, even after the judge gave her all the necessities to provide one, then that's her undoing!

Not your (or your partner's) circus, not your monkeys, walk away.

Oldie2017 · 20/09/2017 21:14

They will probably be away at university at 18 (my twins just left for there and our divorce consent order says I pay the university costs - lucky me......the burdens of us higher earners). Once they are away they are still home for half the year almost and both my daughters came back after university to live for 2 years to do 2 years post grad law so Iagree it can be nicer to continue to provide a home but many parents don't. Plenty sell the family home as soon as the children go to university and downsize to a studio flat right in the centre of London to ensure they get their freedom back as a couple without children around.