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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.

If we separate what % dh salary wd i get as maintenance? And joint house?

35 replies

SwiftRelease · 08/07/2014 11:58

Feeling stuck in v unhappy marriage- had to stop work for a couple of years, prior to that part-time to fit round kids. Now working p/t again but income about 12% of dh's! What would happen financially if we split? We are married, joint mortgage (high) i put in much more equity at beginning. Thanks.

OP posts:
amigagal · 13/07/2014 18:24

Ifyoubuildit - it would be worth going back to court now. My DPs ex took him back to court this year trying to get more money (as we are so rich and she's penniless, not). The judge ruled that the child maintenance should come to an end when the boys hit 18, rather than 21, and her maintenance then drops to £1 a year. She has a stable job, there is no reason for her to be bankrolled forever.

EarthWindFire · 13/07/2014 20:54

DH say that he was told at the time that if you get divorced in a London (as he did) settlements are generally more favourable to the ex wife.

It's not about where you you live it's about what is in the marital pot and what is 'fair' in law.

I have known cases in and out of London in various circumstances, some evenly split some not.

EarthWindFire · 13/07/2014 20:58

nominal sm to make sure me and DCs were ok (aged 2 and 0 when XH left).

Nominal SM can be as little as 5p per year.

purpleroses · 16/07/2014 22:46

My DH pays SM to his ex - their DCs were aged 6-11 when they split, so similar to yours OP. He was ordered to pay her a large sum for 10 years, ie pretty much whole of DCs childhood, after that she could apply for it to be renewed, but I think the expectation is that it will stop. She gets child support on top, which ends when each DC turns 18. But my DH was/is a high earner who'd paid off his mortgage by the time the divorced, so I think her solicitor was arguing that it was kind of spare money. She'd never had much of a career either before the marriage or during it, but her staying at home with the DC had enabled my DH to progress in his I guess. I think my DH actully got a bigger share of the assets - as it suited them both for him to stay in the marital home, and the income (SM) was I guess more important to her.

purpleroses · 16/07/2014 22:49

Mini - SM ends on remarriage, but NOT on cohabitation. DH's ex left him for another man, who she's been living with ever since. She even wears a wedding ring but they're not married, as she'd lose the money if they did!

EarthWindFire · 16/07/2014 22:53

SM can end on cohabitation. It depends what is in the court/consent order.

Mini05 · 16/07/2014 23:14

Yes this was in mine co habit or marry

xena26 · 17/07/2014 22:07

My sister gets around 40% of her ex husbands salery.

heidiwine · 18/07/2014 07:41

My DPs ex has what's called a general maintenance joint lives order (or something like that). It basically means a 50:50 split of DPs income for LIFE. It was granted 8 years ago at a time when his youngest was not in school.
I'm not for a minute saying you'll get anything like that. I'm just putting it in the mix to show the variety of settlements out there and reinforcing the need for you to get proper legal advice.

EarthWindFire · 18/07/2014 15:08

These days judges don't like giving life orders as they prefer both spouses to be able to support themselves [not including CM of course].

My DPs ex thought she would walk away with a lot, the house, pension share, SM etc. a judge actually ordered 60:40 split, no pension share, nominal SM at the lowest rate. There are dependent children and theirs was a very long marriage.

Judges split by what is fair in law, not by what either party feels is fair.

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