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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Bonuses and dividend payments

43 replies

bumbums · 14/06/2012 17:43

Hi does anyone know what percentage of my ex's future bonuses and dividend payments I would get? I would have thought half was fair.

OP posts:
SerialKipper · 14/06/2012 20:03

I want scarlettsmummy to come and invest in a business with me. I will take her capital for 20 years then flog the business for 100 times the start-up cost. Then I'll pay her exactly the sum she put in, not the percentage.

But if she's very lucky, I'll see she's kept on in a minimum wage job. She wouldn't want to be greedy, after all...

SerialKipper · 14/06/2012 20:04

Left out the all important line: "build the business up".

scarlettsmummy2 · 14/06/2012 20:16

No one is forcing women to give up work! I think it is foolish to leave yourself in such a vulnerable position. What happens if your husband died? I can afford to stay at home, but work part time. My husband has a very good, well pAid job. I personally think it would be very arrogant of me to say that he is well paid because of the support I give him in doing the bulk of the child care of our three children. He is well paid because he works very hard and is ambitious. Incidentally I gave up an equally well paid job when I had my daughter- my choice and I don't expect my husband to be held over a barrel if we ever divorce because of it.

bumbums · 14/06/2012 20:20

It wasn't about the work really. We could always live within our means. We both decided that we valued a mother being with her children in their early years. And that means not working.

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MrsCampbellBlack · 14/06/2012 20:20

If my husband died I'd get a very substantial sum in life insurance of course - we plan things like that.

My husband works hard etc and I do massively facilitate that but then that's why I'm a shareholder (equal) in his business in recognition of our partnership. And you know I'd think exactly the same if our roles were reversed.

bumbums · 14/06/2012 20:24

I have facilitated his carrier. He has had it all.

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scarlettsmummy2 · 14/06/2012 20:26

As I said- fair enough to get a maintenance allowance but on current, not future earnings. Also, if you are a legal partner in a business- this would still be the case even if you divorce so your business arrangements would not change.

scarlettsmummy2 · 14/06/2012 20:33

Also, would you say the same if you worked full time? For example, should you still get 50% as well as your own salary?

FiftyShadesofViper · 14/06/2012 20:43

Surely the truth is somewhere between the two here.

We have 2 sets of friends divorced recently. The first couple are in their fifties, she has never worked other than in the business they set up together. She, quite rightly, was awarded a good amount of lifetime maintenance as she has no track record to speak of and probably not enough working years to build one.

The other couple are younger. When they married she had qualifications and a career, during the marriage he funded her through a degree. They were married for just 7 years yet she was demanding spousal maintenance for life. It was awarded at a nominal level just until the children are 18 as it was judged to me a relatively short marriage and ended when they were still relatively young.

Only you know how reasonable your request is.

scarlettsmummy2 · 14/06/2012 20:48

Agree with last post- I am talking more about women who are still perfectly capable of supporting themselves- not women married for many years when it was very common for wives not to work. Ie my parents generation.

bumbums · 14/06/2012 20:53

I guess in my situation, because our relationship/marraige broke down due to his unwillingness to try harder, I feel he ought to pay in some way.

But I gues that is my own bitterness speaking.

I will have to rely on my solicitor to keep me straight as to what is reasonable to ask for.

OP posts:
scarlettsmummy2 · 14/06/2012 21:42

I really feel for you, but think how great you will feel if you can show him that you actually don't need him at all, and it is his loss, not yours.

Suziskylark · 15/06/2012 20:34

I'm a bit late to the feed bit wanted to say that the process is called ancillary relief and both parties have to fill in the forms for the court to decide. The info needed is what each party brought to the marriage assists and monies, what you gathered together, and any debts ect. So his annual pat bonuses will be taken into account and do future bonuses may also be considered. In my experience, H ex wife wanted a share of his future inheritance (some land) despite a 6 month childless marriage, but it cost us 60k and 2years to fight her. So the best device I can give you is go to mediation first, be fair and reasonable as if you get lawyers involved, there will he nothing left for you, him or the kids, only bitterness and pain. Take care and try to remember that you loved each other once.

Collaborate · 19/06/2012 09:39

OP - I think that people have been telling you what they think morally you could claim (or shouldn't).

Your solicitor should tell you what in law you could claim.

It isn't as simple as x% - it depends on many factors, as set out in s25 of the Matrimonial Causes Act 1973.

daffydowndilly · 21/06/2012 17:44

If your children are still under 18, my understanding is that you would get the same child maintenance % of his bonus as you would from his salary (so if you have two children, and he has them less than 52 nights a year - 20% after income tax/pension contributions/NI). I read this somewhere in the forms from the Child Maintenance Options people, or CAB. You might want to look at their website or call them, to get an idea of what you can expect on a legal basis.

From having talked briefly to a divorce lawyer, if you are still relatively young and the marriage not one of 20-30 years lasting, and the children are of school age, and he has a normalish salary (i.e. not a megabucks footballer or CEO), it is quite hard to establish a need for spousal maintenance.

bumbums · 21/06/2012 19:43

He earns between 80 - 100k. Is that mega bucks?

OP posts:
startlife · 22/06/2012 21:10

I guess in my situation, because our relationship/marraige broke down due to his unwillingness to try harder, I feel he ought to pay in some way.
But I gues that is my own bitterness speaking.

You have insight into why you feel this - that is helpful but it is in your best interests to put the bitterness to one side and focus on what you are entitled to. Having seen many friends divorce it's my view that those that move on without bitterness end up happier in the long run.

Your ex will have his own regrets in his own time, you will not need to punish him financially. The best advice is for you to build a good life - you never know what excitement the future will hold for you.

bumbums · 23/06/2012 07:18

Thanks startlife I know you are right. Looking at how I can retrain and work. Exciting times.

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