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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Would this be fair?

28 replies

TealFrameCircle · 07/11/2025 13:44

I'm in the process of getting divorced. I moved out a few months ago, and I'm staying with a relative. My ex is still in the family home with our teenage children, whom I see most days. I'm still paying the mortgage and all the bills, because my ex is self-employed and her business doesn't make a profit.

The proposal currently on the table is that I buy out her share of the house, so that she gets roughly two thirds of the equity (about £180k), that we split the other assets equally, and that I pay her about £1k a month until the children have left home. I would keep the family home, but with an increased mortgage, and I would not have much spare at the end of each month.

I'm reasonably confident that if we ended up in court this would be deemed to "meet her needs", because there are no objective reasons why she couldn't get a job, and they look at potential rather than actual earnings.

The trouble is, she wouldn't be happy working for someone else, because she can't abide not being in charge. So if I were to insist that she take her share of the equity and move out, she would be miserable. More importantly, the children would be spending half their time with an unhappy mum.

The alternative is that we carry on with the current living arrangements until one of us gets some money from somewhere.

She initiated the breakup, and she did so knowing what our financial position was. Some days I think this means she's made her bed and should lie in it. Other days I think I must have been a truly awful husband for her to choose this path.

Is my proposal unreasonable?

OP posts:
AmIHumanOrAmIAYeti · 07/11/2025 13:47

How does £1k a month sit alongside the CMS expectation?

Why 2/3 of house to her? Won’t you need to house your children as well? If she doesn’t make enough being self employed, that’s her issue. Not liking being told what to do isn’t your issue and certainly not something you should be blackmailed into funding her choices to avoid her being grumpy.

Goditsmemargaret · 07/11/2025 13:47

Don't try to do this yourself. You're led by your feelings towards her emotions - they will change with time, the children getting older and new partners coming on the scene.

Consult a solicitor.

HedwigEliza · 07/11/2025 13:47

She initiated the breakup, so must understand that this means being financially independent and getting a job that pays reliably. A business that doesn’t make a profit is a hobby, and one she can no longer afford.

MrsBennetsPoorNervesAreBack · 07/11/2025 13:48

She needs to get a job. She can't just expect you to fund her lifestyle indefinitely while she runs a hobby business. If she doesn't like not being in charge, that's tough.

wineosaurus4 · 07/11/2025 13:51

Yes why £1k a month? Have you put figures into the online CMS calculator? I would also go for 50/50 house split, as I assume you’ll need to house your children as well? With regards to her self employment.. well tough shit, if it doesn’t earn enough then she has no choice but to find a job that does!

UrbanFan · 07/11/2025 13:55

Get professional advice.

TealFrameCircle · 07/11/2025 13:57

wineosaurus4 · 07/11/2025 13:51

Yes why £1k a month? Have you put figures into the online CMS calculator? I would also go for 50/50 house split, as I assume you’ll need to house your children as well? With regards to her self employment.. well tough shit, if it doesn’t earn enough then she has no choice but to find a job that does!

£1k is a bit more than the CMS would require if the kids were with me half the time, which is the long-term plan. It's less than they would require if she put in a claim right now, but then they wouldn't expect me to pay all her bills so she's unlikely to do that.

OP posts:
HesDeadBenYouCanStopNow · 07/11/2025 14:02

Nowadays the assumption is start from a 50:50. CMS should be aligned to the salary based calculation because worst case that is what it’ll be. You can choose to over pay on this but it’s voluntary. You might choose to spend this money on specific things for the kids, such as contributing to school trips, out of school activities or things that you will do with the children.

aim for an outcome that’s fair for you as well as your ex.

don’t forget the total value includes each of your pension accruals

ByQuaintAzureWasp · 07/11/2025 14:05

You need to do this legally, otherwise she will be back asking for more

NET145 · 07/11/2025 16:17

She has to live in reality, not a fantasy land where she can always work for herself if her business isn’t turning a profit. That won’t help anyone long term! It is not your responsibly to make her happy any more. Just meet her needs and move on and your teenage children will be fine and no doubt learn valuable lessons about family finances and employment if she has to face decisions on her work in the longer term

FullOfMomsense · 07/11/2025 16:23

She needs a job. Get a solicitor, if she's bringing nothing in she can't support herself and that's not your job to fix anymore. Get a proper estimation of CM.

Go 50/50 on the house, you need to buy/live somewhere suitable.

Brightbluesomething · 07/11/2025 17:25

I’d expect 50/50 equity each as a starting point. You need your own place too.
She will need to get a job to fund her lifestyle and bills, that’s not your responsibility.
Why are you paying £1k a month for 50/50 childcare. The starting post is no maintenance for this and you each cover your share of the costs of kids.
My ex pays no maintenance at all and we have 50/50.
I think your offer is overly generous and you need legal advice.

AmIHumanOrAmIAYeti · 07/11/2025 17:28

TealFrameCircle · 07/11/2025 13:57

£1k is a bit more than the CMS would require if the kids were with me half the time, which is the long-term plan. It's less than they would require if she put in a claim right now, but then they wouldn't expect me to pay all her bills so she's unlikely to do that.

I didn’t think there was any CMS payable if you have 50/50.

TealFrameCircle · 07/11/2025 19:29

AmIHumanOrAmIAYeti · 07/11/2025 17:28

I didn’t think there was any CMS payable if you have 50/50.

I used the online calculator. Maybe if there wasn't such a large difference in incomes it would have come back as zero. Regardless of the legal minimum, I don't want her to be skint because my children will be spending half their time in her house.

OP posts:
TealFrameCircle · 07/11/2025 19:39

Brightbluesomething · 07/11/2025 17:25

I’d expect 50/50 equity each as a starting point. You need your own place too.
She will need to get a job to fund her lifestyle and bills, that’s not your responsibility.
Why are you paying £1k a month for 50/50 childcare. The starting post is no maintenance for this and you each cover your share of the costs of kids.
My ex pays no maintenance at all and we have 50/50.
I think your offer is overly generous and you need legal advice.

I expect what I'm proposing probably is generous when compared to the minimum I could get away with legally, but I'm not sure about morally.

OP posts:
AmIHumanOrAmIAYeti · 07/11/2025 19:51

TealFrameCircle · 07/11/2025 19:29

I used the online calculator. Maybe if there wasn't such a large difference in incomes it would have come back as zero. Regardless of the legal minimum, I don't want her to be skint because my children will be spending half their time in her house.

Isn’t there a warning note on the calculator that it doesn’t work when 50/50?

AmIHumanOrAmIAYeti · 07/11/2025 19:52

TealFrameCircle · 07/11/2025 19:39

I expect what I'm proposing probably is generous when compared to the minimum I could get away with legally, but I'm not sure about morally.

Where are the morals of their other parent in not getting a job to support themselves and their children?

AmIHumanOrAmIAYeti · 07/11/2025 19:53

Front page.

https://www.gov.uk/calculate-child-maintenance

AmIHumanOrAmIAYeti · 07/11/2025 19:54

Here

Would this be fair?
GertrudePerkinsPaperyThing · 07/11/2025 19:56

Goditsmemargaret · 07/11/2025 13:47

Don't try to do this yourself. You're led by your feelings towards her emotions - they will change with time, the children getting older and new partners coming on the scene.

Consult a solicitor.

This seems like good advice

Childanddogmama · 07/11/2025 20:03

I think you are being overly generous. You will have lots of emotions/feelings at the moment which will influence your thinking. 6 months or whenever down the line, you may be thinking differently. You don't want to commit to something which won't work for you long term. You sound like a great parent who is thinking of your children but you must think of yourself too. Their mother is a capable adult who must provide for herself. You can always increase how much you pay but to decrease would be unreasonable so ensure you are certain before you commit to an amount.

Whaleandsnail6 · 07/11/2025 21:17

TealFrameCircle · 07/11/2025 19:39

I expect what I'm proposing probably is generous when compared to the minimum I could get away with legally, but I'm not sure about morally.

Genuinely...why should an adult, with teenage kids not be expected to work in order to support themselves?

Seek legal advice and don't short change Yourself due to emotions.

TealFrameCircle · 16/11/2025 18:45

So her latest plan is that she is going to go and live in our holiday home for the time being, and I will move back into the family home. The holiday home is a long way away, so the children will be with me full time.

This is apparently a temporary arrangement until things are finalised, the long term plan is still 50/50.

She will only be paying for shopping and utility bills. She still wants me to pay her at least £1k a month.

This morning I was at the house to see the kids. I know it's a bad idea for us all to be in the house at the same time, but I don't really have room to host the kids where I'm staying. She had a bit of a rant, which included her telling the children, in my presence, that I'm a weak and pathetic man.

I am increasingly tempted to ask my solicitor how little I can get away with paying her, which I doubt will be anywhere near £1k a month and might even be zero.

OP posts:
SixSeven · 16/11/2025 18:49

Why do you need to pay her anything if you have the kids full time and she’s chosen to move away?

IndigoIsMyFavouriteColour · 16/11/2025 18:51

She should be paying you maintenance if she moves away and you have full time responsibility for the children.