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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.

Original poster

Higher earning husband!! Help

13 replies

user1466874803 · 25/06/2016 18:20

So we have decided to call it a day on our marriage.
Hubby is a higher earner (as in he is in the higher tax bracket) which means, rightly so, I have never been able to claim anything. I don't even bother with the standard child benefit that anyone can have..
So..
As we are parting ways, WILL I be entitled?!? We have an 8 month old, a mortgage and I will hopefully go back to work, but I am on a normal wage which is not much.
I have never selt with stuff like this so have no idea! He will happily support me until we sell the house, should we sell the house?!? I dunno.
Is it divorce or legal separation?!? What's the difference.
We are very amicable and as I said he will support baby and me while I get sorted but I can't expect it forever, plus I love to work.

Any experience of this?!?

Higher earner + lower earner + baby + mortgage + separation

OP posts:
Minime85 · 25/06/2016 20:55

= see a solicitor

Minime85 · 25/06/2016 20:56

Even if you can keep it amicable you should talk things through with a solicitor first just to get a legal idea of where the land lies. You'd be able to get child benefit and maybe other working credits depending on what you earn. Also might be worth a chat with citizens advice.

Fairylea · 25/06/2016 20:59

You can play around with hypothetical anonymous figures on the entitled to website. (Google entitled to benefits checker). However, definitely see a solicitor as you will be entitled to financial settlements etc from the divorce so I would wait to hear what the advice is before making any decisions.

DigestiveBiscuit · 25/06/2016 21:02

You can live in the house until the youngest is 18, or if they go to university, when they leave. A friend of our's is a judge, who deals with divorcing couples. If the father is seeking to force the sale of the house to get his share, our friend gives them short shrift!

lifeisunjust · 25/06/2016 21:24

These days it will be 50/50 co-parenting unless one of you doesn't want it. Bear that in mind.

You would need to agree you can now start to claim child benefit, if you are on a low enough income, plus then only 1 parent can claim child tax credits, that with 1 child you'd be entitled to only if on a very low income.

You need to work out what you need to live on.

It's up to you if you want to sell the house, if you have the option not to. For some people like me, selling the house was ripping the heart out of what was left, for me it was to happen over my dead body, having watched the father take half life savings and having spent it all in a few months, and I won in court keeping it and now own it on my own. But for others, they see the marital home as something negative and want rid. For others, it's the only way of settling.

You need to go and think about all sorts of options, work out what marital assets there are, anything from pre-marriage if it's a short one you can argue is all yours or his, then divide 50/50 and think from there.

Original poster
user1466874803 · 26/06/2016 09:26

Thank you!

It's just confusing to know when exactly, if at all I could claim. Like the second he goes? I know I will need a solicitor but I still like to hear other people's views as well.

OP posts:
Scottishthreeberry16 · 26/06/2016 09:33

Do see a solicitor. Get all the paperwork photocopied (pension forecasts; statements of earnings; etc). I would do it asap and 'quietly'.

Original poster
user1466874803 · 26/06/2016 14:31

But is it right you can't get a divorce unless you have been separated 2 years?
No ones cheated, or anything dramatic. We just think each other are dicks.

It's confusing

OP posts:
lifeisunjust · 26/06/2016 17:00

no you can divorce immediately on "unreasonable" grounds and even if you object, a court will completely ignore you and refused to acknowledge all correspondence and it will go ahead without the consent of the other party.

cathpip · 26/06/2016 17:07

I have just started claiming CB for my children, my stbxh is a high earner and we never claimed it before. The dept of work and pensions just spoke to him to confirm that we had seperated and even though he was still paying bills, the mortgage and we had a joint account he no longer lived in the marital home. The gingerbread website is full of very useful information and it's the site that the DWP direct you to for finding out if you are entitled to further benefits.

Original poster
user1466874803 · 26/06/2016 18:07

Thank you for that, very helpful. I will head over to gingerbread. I did a good Google last few nights but maybe I wasn't wording it right, I just couldn't get answers, kept coming up with husbands in the wrong ect ect, I didn't want to go through the effort of trying to claim not knowing the facts. These things are always so complicated.

I think we are keeping the house, for now anyway. So once he has buffered off I will be in a better position to think for myself!

OP posts:
Molly333 · 05/12/2016 06:36

You must claim child benefit to maintain ur pension now !

EvenTheWind · 05/12/2016 06:52

Exactly. Start to claim CB now. Your H may have to pay some back in his tax return (incidentally, it tapers between 50k and 60k of earnings, it isn't directly linked to paying higher rate tax) but you will start getting contributions paid to your state pension and you will have it in place for when you separate

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