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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.

Divorce - Benefits Entitlement Consfusing

27 replies

Razor123 · 04/02/2018 14:33

Hello brand new to this forum.
My wife and I have started the process for divorce. Currently amicable although we have not started the financial discussions yet - we are booking a mediation appointment shortly.

I am sole earner and work through limited company with both of us as directors. Once the divorce goes through I will close the company and start a new one with me as the single director.

Given that I will remain the sole earner and she does not work, I am struggling to find out what benefit entitlement she was be able to get -its all new to both of us and seems to be a bit of a minefield.

I also don't have anyone personal I can go to and so would appreciate anyone's help on here. Thanks

OP posts:
jaimelannistersgoldenhand · 04/02/2018 16:23

If you're still reading go to the Child Maintenance Service website. There's a calculator that will tell you the minimum that you need to pay her.
This amount is not dependent on her earnings. She could earn £1 or £1m and you'd have to pay her at least the CMS amount.

With regards to the house and other assets, there's no rules with this so you'll both need legal advice or to sort it out amongst yourselves.

xzcvbnm · 04/02/2018 16:58

I think there is some confusion about whether you're referring to spousal maintenance or child maintenance here. I'm going to assume you're actually talking about spousal maintenance.

During my financial mediation with my stbxw, who is a stay at home mum, the mediator actually made a point of asking her to research working family tax credits etc to get an idea of our total budget, incoming and outgoings, with and without a part or full time job. It is my understanding that it feeds into the split of assets and spousal maintenance, as a financial court would decide primarily based on need.

Unfortunately for me, my wife didn't like what the mediator said (she has no intention of ever working again) and then decided to pull out of mediation and take me to financial court at huge expense to both of us. She then accused me, via her solicitor, of undermining her confidence and abusing her so that she cannot get a job for many years. She is also attempting to alienate me and my wider family from our son by being unreasonable about child arrangements... don't forget, from your wife's perspective, the less you can see your own children, the more money she can take from you. So expect lots of underhand tactics like this if your wife is that way inclined.

I must say that, in my case, it seems impossible to envisage a scenario where we could live separately in two accommodations with my existing wage, with the increase in outgoings and debt it will entail. You may earn significantly more and be in a more flexible position. I've no idea what the court will recommend, but I just hope at some point I can negotiate something out of this mess, because all I see are solicitors draining my son's future.

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